HomeMy WebLinkAbout6B3 Professional Services Agreement for Phase I Environmental Lot 7 Ignition Pk6�'4 (3)
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Community Investment
7865
Memorandum
Monday, July 7, 2014
TO: Redevelopment Commission
FROM: Jitin Kain
SUBJECT: Phase 1 Environmental Site Assessment for Lot 7 in Ignition Park
Attached to this memorandum is a professional services agreement by Patriot Engineering &
Environmental, Inc. for Phase 1 Environmental Site Assessment for Lot 7 in Ignition Park.
On March 27,2014, the Commission approved a development agreement with Great Lakes Capital
to building a campus of high technology related buildings in Ignition Park. As part of the agreement,
the Commission committed to providing a new Phase 1 Site Assessment.
Staff requests approval of the attached proposal by Patriot Engineering & Environmental, Inc. in the
amount of $2,300 from the Airport Economic Development Area TIF.
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN,GOV
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA
AND PATRIOT ENGINEERING & ENVIRONMENTAL, INC.
THIS AGREEMENT is made effective the 10 °i day of July, 2014, by and between
the City of South Bend, Indiana, Department of Community Investment, acting by and through
the South Bend Redevelopment Commission (the "City ") and Patriot Engineering and
Environmental, Inc. having their principal place of business at 1000 -B Airport North Office
Park, Fort Wayne, IN 46825 (the "Contractor ").
For and in consideration of the mutual covenants and promises contained herein, the City
and the Contractor hereby agree as follows:
Section 1. Duties of the Contractor.
The Contractor shall provide the Services which are more particularly described at Exhibit "A"
attached hereto and incorporated herein. The Contractor shall execute its responsibilities by
following and applying at all times the highest professional and technical guidelines and
standards.
Section 2. - Consideration.
The Contractor will be paid as set forth at Exhibit "A ". The total consideration under this
Agreement shall not exceed the sum of Two Thousand Three Hundred and No /100 Dollars
($2,300.00). Any payment that the City may deny or withhold or delay shall not be subject to
penalty or interest pursuant to Indiana Code §5 -17 -5.
Section 3. Term.
This Agreement shall be effective for a period of twelve (12) months commencing on July 10,
2014 (the "Effective Date ") and shall end on July 10, 2015 (the "Expiration Date ").
Section 4. Assignment; Successors.
The Contractor shall not assign or subcontract the whole or any part of this Agreement without
the prior written consent of the City.
Section 5. Changes in Scope of Services.
The Contractor understands and agrees that it shall not commence any additional work or change
the scope of the Services provided unless authorized in writing by the City. No claim for
additional compensation shall be made by Contractor in the absence of prior written approval by
the City.
Section 6. Reversion of Assets.
At the conclusion, cancellation, assignment or termination of this Agreement, all work product in
whatever form, written, electronic, or otherwise, shall be delivered to the City, and the Parties
hereby agree the City and not the Contractor or any of the Contractor's subcontractors or agents,
has any ownership interest in the work performed as part of this Agreement.
Section 7. Relationship /Independent Contractor.
Both parties, in the performance of this Agreement, shall act in an individual capacity and not as
agents, employees, partners, joint venturers or associates of one another. The employee(s) or
agent(s) of one party shall not be deemed or construed to be the employce(s) or agent(s) of the
other party for any purpose whatsoever. Neither party will assume liability for any injury
(including death) to any person(s), or damage to any property, arising out of the acts or
omissions of the agents, employees or subcontractors of the other party. The Contractor shall be
solely responsible for providing all necessary unemployment and workers' compensation
insurance for the Contractor's employees.
Contractor is solely responsible for compliance with federal, state and local laws and regulations
relating to taxes and social security payments that may be required to be made in connection with
the compensation provided under this Agreement. The City, however, may file informational
returns with the United States Internal Revenue Service or similar state agency regarding
payment made to Contractor in accordance with this Agreement under conditions imposed by
federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if
applicable.
Section 8. Funding Cancellation and Payments.
In accordance with I.C. 36 -1- 12.5- 5(d)(4), payments by the City are subject to appropriation by
the South Bend Redevelopment Commission.
Section 9. Non - Collusion and Acceptance.
The undersigned attests, subject to the penalties for perjury, that he /she is the Contractor, or that
he /she is the properly authorized representative, agent, member or officer of the Contractor, that
he /she has not, nor has any other member, employee, representative, agent or officer of the
Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or
offered to enter into any combination, collusion or agreement to receive or pay, and that he /she
has not received or paid, any sum of money or other consideration for the execution of this
Agreement other than that which appears upon the fact of this Agreement.
Section 10. E- Verify.
The Contractor affirms under the penalties of perjury that he /she /it does not knowingly employ
an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all
his/her /its newly hired employees through the E -Verify program as defined in IC 22- 5- 1.7 -3. The
Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor
shall not retain an employee or contract with a person that the Contractor subsequently learns is
an unauthorized alien.
The Contractor is not required to participate in the E- Verify program should the E- Verify
program cease to exist. Additionally, the Contractor is not required to participate if the
Contractor is self - employed and does not employ any employees.
The Contractor shall require his /her /its subcontractors, who perform work under this contract, to
certify to the Contractor that the subcontractor does not knowingly employ or contract with an
unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify
program. The Contractor agrees to maintain this certification throughout the duration of the term
of a contract with a subcontractor.
The City may tenminate for default if the Contractor fails to cure a breach of this provision no
later than thirty (30) days after being notified by the City.
Section 11. Minority and Womens Enterprise Diversity Development.
Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the
City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract with respect to
hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, or
disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractor's good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ( "MBE") or as a Women's Business Enterprise ("WBE ") as a factor in determining the
lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE /WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE /WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year from the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
Notwithstanding the foregoing, the award and performance of all City contracts shall comply
with applicable federal, state, and local laws.
Section 12. Signing Authority.
The person signing on behalf of the Contractor represents that he /she has been duly authorized to
execute this Agreement on behalf of the Contractor, and has obtained all necessary and
applicable approvals to make this Agreement fully binding upon the Contractor after acceptance
by the City.
Section 13. Drug -Free Workplace.
The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free
workplace. The Contractor will give written notice to the City within ten (10) days after
receiving actual notice that the Contractor or an employee of the Contractor within the State of
Indiana has been convicted of a criminal drug violation occurring in the workplace.
Section 14. Governing Law; Compliance with Laws.
This Agreement shall be construed and interpreted according to the laws of the State of Indiana.
The Contractor agrees to comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby are hereby incorporated herein by
reference. The Contractor shall comply with federal, state and local law in its hiring and
employment practices and policies for any activity covered by this Agreement. Further, the City
shall not be required to pay for Services that are inconsistent with or in violation of this
Agreement nor for any Services performed in violation of federal, state or local statute,
ordinance, rule or regulation.
Section 15. Entire Agreement.
This Agreement sets forth the entire agreement and understanding between the Parties as to the
subject matter hereof, and merges and supersedes all prior discussions, agreements, and
understanding of any and every nature between them.
(Remainder ofpage intentionally left blank)
IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
representatives, have caused this Agreement to be executed as of the day and year first written
above. The parties have read and understand the foregoing terns of this Agreement and do, by
their respective signatures hereby agree to its terms.
PATRIOT ENGINEERING & ENVIRONMENTAL, INC.
IC ,
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Rinse Nance and M ,
South Bend Redevelopment Commission
ATTEST:
Printed Name an D-
South Bend Redevelopment Commission
Signature Page to Service Agreement by and between Redevelopment Commission and Patriot
Engineering and Environmental, Inc.
EXHIBIT A
Scope of Services
See Proposal by Patriot Engineering & Environmental, Inc.
Dated June 26, 2014
Attached Hereto
PATRIOT ENGINEERING
and Environmental, Inc.
Consulting Environmental Geotechnical
and Constwedon Materlals Engineers
June 26, 2014
Jitin Kain
City of South Bend
227 West Jefferson Blvd., Suite 1400S
South Bend, Indiana 46601
RE: Proposal for Environmental Services
Phase I Environmental Site Assessment
Lot 7 — Ignition Park Subdivision
South Bend, Indiana
Patriot Proposal No. P14 -0456
Dear Mr. Kain:
Patriot Engineering and Environmental, Inc. (Patriot) is pleased to provide you with this
proposal to conduct a Phase I Environmental Site Assessment (ESA) for Lot 7 located
within the Ignition Park Subdivision near the intersection of Stull Street and Franklin
Street in South Bend, Indiana (Site). Patriot understands that the Site consists of 13.91
acres of vacant commercial land and that the Phase I ESA will be performed in
conjunction with purchase and development. The following presents Patriot's scope of
work and estimated fee to perform the ESA.
Scope of Work
Patriot will conduct an Phase I ESA in accordance with the ASTM International (ASTM)
Standard E1527 -13, Standard Practice for Environmental Site Assessments, which
complies with the United States Environmental Protection Agency's (USEPA) Standards
for Conducting All Appropriate Inquiries (AAI) presented in 40 CFR 312. The purpose of
the assessment is to identify "recognized environmental conditions" (RECs) associated
with the Site. ASTM El 527 -13 defines a REC as "the presence or likely presence of any
hazardous substances or petroleum products in, on, or at a Site: (1) due to release to
the environment; (2) under conditions indicative of a release to the environment; or (3)
under conditions that pose a material threat of a future release to the environment. A
Phase I ESA is intended to satisfy the all appropriate inquiry requirements to qualify for
the landowner liability protection (LLP) limitations on Comprehensive Environmental
1000 -B Airport North Office Park, Fort Wayne, Indiana 46825
(260) 490 -1112 • (260) 490 -2071 FAX • www.patrioteng.com
Offices in Indianapolis, Evansville, Fort Wayne, Lafayette, and Terre Haute, IN
Louisville, KY, Dayton /Cincinnati, OH, Nashville, TN, Carmi, IL, and New Orleans, LA
Proposal for Environmental Services Patriot Proposal Number P 14-0456
Phase I Environmental Site Assessment June 26 2014
Response, Compensation, and Liability Act, as amended (CERCLA or Superfund)
liability.
A Phase I ESA does not include any media sampling or any chemical analysis. Patriot
assumes no responsibility for environmental concerns, which may exist and are not
visually apparent during the Site inspection or available from record searches.
Required Information
The ESA process requires the environmental professional to contact the previous
owner, operator and /or major tenant of the Site. In addition, a key site manager or
persons knowledgeable of the Site (e.g. superintendent, maintenance manager, site
supervisor), should be available for interview during the Site reconnaissance if
applicable. Patriot will require names and contact information in order to reach these
persons by email or telephone (if known and /or available).
Patriot will require the completion of the attached questionnaire to the best of your
ability. Additionally, Patriot would prefer the current and /or previous owner(s) also
complete the questionnaire; however, owner participation is not required.
Finally, Patriot will require a locator and /or layout map showing the location of the Site
and the nearest crossroads.
Project Schedule
Patriot's standard turnaround time (TAT) for completion of the Phase I ESA is ten
business days following your authorization to proceed. Preliminary findings will be
verbally provided upon completion of the Site reconnaissance and regulatory agency
records review. Please contact the undersigned Patriot personnel if a different
completion date is required.
Project Fees
The ESA Scope of Work will be conducted for a fee of $2,300.00. This fee includes all
charges for labor, travel and expense, preparation of a final report, and project
management and coordination. Additional fees are applicable to reliance letters
prepared after report issuance.
Patriot Engineering and Environmental, Inc. Page 2
Proposal for Environmental Services Patriot Proposal Number P14 -0456
Phase I Environmental Site Assessment June 26 2014
Authorization to Proceed
Patriot will initiate project activities upon receipt of the completed, attached Proposal
Acceptance Agreement. Patriot's attached Terms and Conditions are an integral part of
this proposal.
If you have any questions regarding this proposal or require additional information,
please don't hesitate to contact me at 260 - 490 -1112 (office). Your authorization to
proceed can be returned via fax to 260- 490 -2071, or to my email
(sblackmore @patrioteng.com)
Once again, thank you for this opportunity to provide you with this proposal.
Sincerely,
Patriot Engineering and Environmental, Inc.
as Rp $ A-AA '
Susan Blackmore, LPG
Project Manager
Environmental Division
Attachment
Scott L. Dombrowski
Senior Project Manager
Environmental Division
Patriot Engineering and Environmental, Inc. Page 3
PATRIOT ENGINEERING
and Environmental, Inc.
Consulting Environmental, Geotechnical
and Construction Materials Engineers
TERM AND CONDITIONS
1. SCOPE OF WORK
PATRIOT Engineering and Environmental Inc. (PATRIOT)
shall perform the services defined in the attached proposal
at the rates stated in the proposal or the attached fee
schedule. Any estimate of time and materials shall not be
considered as a fixed price, but only an estimate (unless
otherwise specifically stated in this contract). PATRIOT
will provide additional services at the listed standard rates.
This offer will be valid for ninety (90) days unless
otherwise stated. Upon acceptance, this proposal and
associated terms and conditions shall become the
contract.
2. RIGHT OF ENTRY
Client grants to PATRIOT the right of entry to the project
site by its employees, agents, and subcontractors, to
perform the service and represents that it has obtained the
needed permits and licenses for the proposed work. If
client does not own the site, Client warrants and
represents to PATRIOT that it has the authority and
permission of the owner and occupant of the site to grant
right of entry to PATRIOT
3. PAYMENT TERMS
PATRIOT will submit invoices to the Client throughout the
project and a final invoice upon completion of services.
There shall be no retainage of fees due and payable to
PATRIOT payment is due within fourteen (14) days of
invoice receipt, regardless of whether the client has been
reimbursed by any other party. Client agrees to pay
interest of one and one half percent (11/2%) per month, or
the maximum rate allowed by law, on past due accounts.
Any attorney's fees, collection fees or other costs incurred
in collecting any delinquent amount shall be paid by Client.
4. STANDARD OF CARE
The services shall be performed in accordance with
generally accepted industry principles and practices,
consistent with a level of care and skill ordinarily practiced
by reputable members of the profession currently
providing similar services under similar circumstances.
Except as set forth herein, PATRIOT makes no other
representation, guarantee, or warranty, express or implied,
in fact or by law, whether any merchantability, fitness for
any particular purpose or otherwise concerning any of the
services which may be furnished by PATRIOT to Client.
Client agrees to give PATRIOT written notice of any
breach or default under this section and to give PATRIOT
a reasonable opportunity to cure such breach or default,
without the payment of additional fees to PATRIOT, as
condition precedent to any claim for damages.
5. INSURANCE AND GENERAL LIABILITY
PATRIOT maintains Workers' Compensation and
Employers' Liability Insurance in compliance with the laws
of the state having jurisdiction over the individual
employee. PATRIOT has insurance coverage under
general liability, property damage, and professional
liability, which PATRIOT deems to be adequate.
Certificates for such policies of insurance shall be
provided to Client upon request. PATRIOT may provide
additional insurance coverage beyond stated limits at the
Client's request and expense.
6. RISK ALLOCATION
Due to the very limited benefit PATRIOT will derive from
this project compared to that of other parties involved,
including the Client, Client agrees to limit PATRIOT'S
liability to Client or any other party using or relying on
PATRIOTS work with respect to any acts or omissions
including, but not limited to, breach of this contract, breach
of warranty, negligence, alleged defects in PATRIOT'S
performance, or other legal theory such that the total
aggregate liability of PATRIOT to all those named shall not
exceed a maximum limit of $25,000 or PATRIOT'S project
fee for the services rendered on this project, whichever is
less.
TERMINATION
Either party may suspend performance immediately upon
becoming aware of a breach of the terms of this contract
by the other party and provide notice of its intention to
terminate. In the event PATRIOT determines there may
be a significant risk that PATRIOTS fees may not be paid
on a timely basis, PATRIOT may suspend performance
and /or retain any reports, work products, or other
information until Client provides PATRIOT with adequate
assurances of payment. The filing of a voluntary or
involuntary bankruptcy petition, appointment of a receiver,
assignment for the benefit of creditors or other similar act
of insolvency shall constitute a breach. Termination will
become effective seven (7) calendar days after receipt of
notice by the breaching party unless the event(s) giving
rise to the breach are remedied within the timeframe or the
party seeking termination revokes its notice. Either party,
without cause, may terminate this contract upon providing
ten (10) calendar days written notice to the other party.
8. ASSIGNS
This contract may be amended by written instrument, e-
mail confirmation, or written confirmation of a verbal
agreement, acknowledged or signed by both parties.
Client shall not assign this proposal or any reports or
information generated as a result of contracted services
pursuant to this proposal without written consent of
PATRIOT.
9. SAFETY
PATRIOTS responsibility for safety on site shall be limited
to its own personnel, subcontractors, and any individuals
who are directly involved with PATRIOTS work on site.
This shall not be construed to relieve the Client or any of
its contractors from their responsibilities for maintaining a
safe jobsite. Neither the professional activities of
PATRIOT, nor the presence of PATRIOTS employees
and its subcontractors shall be construed to imply that
PATRIOT has any responsibility for any activities on the
site, which are performed by personnel other than
PATRIOTS employees or subcontractors.
10. CONFLICTS
Should any element of the Terms and Conditions be
deemed in conflict with any element of the
proposal /contract, unless the proposal /contract clearly
voids the conflicting element in the Terms and Conditions,
wording of the Terms and Conditions shall govern. Any
element of this agreement later held to violate a law or
regulation shall be deemed void, but all remaining
provisions shall continue in force. The Terms and
Conditions set forth herein shall survive the termination of
this contract. No action, legal or otherwise, may be
brought against PATRIOT arising from its performance of
services under this contract, whether for breach of
contract, tort, or otherwise, unless PATRIOT shall have
received within two (2) years after completion of services
under this contract a written notice specifying the alleged
defects in PATRIOTS performance or other breach.
11. CONSEQUENTIAL DAMAGES
In no event shall either party be liable to the other party for
any consequential, incidental, or indirect damages
including, though not limited to, loss of income, loss of
profits, loss or restriction of use of property, or any other
business losses regardless as to whether such damages
are caused by breach of contract or warranty, negligent
acts or omissions, or other wrongful acts.
made by PATRIOT and its subcontractors, and that the
data interpretations and recommendations of PATRIOT'S
and its subcontractors are based solely on the information
available to them. PATRIOT will only be responsible for
data, interpretations, and recommendations based on
information obtained from the locations sampled,
monitored, and explored by PATRIOT and its
subcontractors, but shall not be responsible for the
interpretations by others of the information obtained and
reported.
14. DISPUTE RESOLUTION
Any claim or dispute made against PATRIOT for
inadequate, negligent, or improper performance of
services by PATRIOT pursuant to this contract must be
resolved by negotiation or mediation. Any party to this
contract may demand that any such disputes be resolved
by negotiation or mediation, unless the parties mutually
agree otherwise. The Client and PATRIOT further agree
to include similar dispute resolution provisions in all
agreements with independent contractors and consultants
retained for the project and to require all independent
contractors and consultants also to include similar dispute
resolution provisions in all agreements with
subcontractors, subconsultants, suppliers or fabricators so
retained, thereby providing for negotiation or mediation as
the primary method for dispute resolution between the
parties to those agreements.
15.
12. DELAYS IN WORK
PATRIOT will charge the Client at standard rates for
stand -by or non - productive time for delays in PATRIOTS
work caused by the Client or Client's contractors unless
otherwise specifically provided for in the contract. 16.
13. SAMPLING OR TEST LOCATION(S)
Unless otherwise stated, the fees in this proposal do not
include costs associated with surveying of the site for
accurate horizontal and vertical locations of tests or
samples which, when referenced in PATRIOTS report, are
based on information furnished by others and /or estimates
made by PATRIOTS personnel and are only considered
approximations, unless otherwise stated. PATRIOT may
deviate a reasonable distance from any test or sampling
location as specified by the Client. If, in order to complete
a given soil boring to its designated depth, relocating the
soil sampling location and associated sampling method is
necessitated by encountering impenetrable subsurface
objects, all work, including the original work performed, will
be charged for at the appropriate rates in the fee schedule.
Client recognizes that project site conditions may vary
from those encountered at the locations where the
borings, surveys, sampling, monitoring, or explorations are
FAILURE TO FOLLOW RECOMMENDATIONS
Client will not hold PATRIOT or its subcontractors liable for
any consequential, incidental, or indirect damages or
business losses that may occur based on, or which may
result from PATRIOT'S or its subcontractors'
recommendations that are not followed. Client waives any
claim against PATRIOT and agrees to defend, indemnify,
and hold PATRIOT harmless from any claim, liability for
injury, or business loss that results from PATRIOTS
recommendations that are not followed.
FORCE MAJEURE
Neither Client nor PATRIOT shall hold the other
responsible for damages or delays in performance caused
by events beyond the control of the other party and which
could not reasonably have been anticipated or prevented,
including but not limited to, acts of God, materially different
site conditions, wars, riots, rebellions, sabotage, fires,
explosions, accidents, Floods, strikes or other conceded
acts of workers, lockouts, or changes in laws, regulations,
or ordinances. The party intending to invoke force
majeure shall provide prompt notice to the other party.
17. RIGHT TO STOP OR DIRECT WORK
Since PATRIOT'S duties and services are limited to the
scope of work proposed and contracted with the Client to
perform, PATRIOT shall not under any circumstances give
a stop -work order or direct work, either for quality, safety
or any other reason, unless directed solely to PATRIOT
personnel or its subcontractors' personnel. Neither shall
PATRIOT be responsible for the possible consequences of
not issuing a stop -work order. PATRIOT will only report to
Client regarding the quality of the work PATRIOT has
performed, or been contracted to observe and monitor.
18. FIELD MONITORING AND CONTROL
PATRIOT shall not, except for its own services and for
services it subcontracts, specify project site procedures,
manage or supervise project work, implement or be
responsible for project site health and safety procedures.
PATRIOT shall not be responsible for the acts or
omissions of other parties on the project site and shall not
have control or charge of and not be responsible, without
limitation, for project means, methods, techniques,
sequences, or procedures. PATRIOT'S project services
shall not relieve any other parties from their responsibility
for performing work in accordance with applicable plans,
specifications, safety requirements, laws, and regulations.
PATRIOT'S proposed and contracted monitoring and
testing services are limited to its proposed and contracted
scope of work and does not imply or warrant that
PATRIOT is responsible for observing all activities and
personnel at the project site. If PATRIOT is not retained to
monitor environmental remediation, mitigation, or
abatement activities, Client waives any claim against
PATRIOT and agrees to indemnify, defend, and hold
PATRIOT harmless for any claim or liability for injury or
business loss resulting from remediation, mitigation, or
abatement activities.
The words "supervision ", "inspection', or "control ", if used
in connection with PATRIOT's work, are only intended to
mean periodic observation or monitoring of the project
work as outlined in PATRIOT'S proposed and contracted
scope of work.
19. RETESTING AND RE- MONITORING
PATRIOT is only obligated to monitor and test in
accordance with applicable and agreed upon standards
and methods. In the event PATRIOT's monitoring and /or
testing discloses deficiencies in the project's work, and
which consequently will require corrections, PATRIOT will
retest or re- monitor the corrected work as required by the
plans and specifications or as directed by the Client;
however, all such retesting or re- monitoring shall be
additional work and shall be paid for by Client at the
agreed upon rates in this contract.
20. SITE WORK
PATRIOT will take reasonable precautions to avoid any
damage to the project site from the activities of its
personnel, subcontractors, or equipment. Any damage
caused by PATRIOT'S negligence will be restored at
PATRIOT'S expense; however, unavoidable damage
caused in the execution of the project work such as tire
rutting, cutting and splicing of fences, removal of potential
asbestos containing materials (ACM), drilling through
pavements, cutting of brush and trees, coring through
pavements, etc., will not be restored unless otherwise
stated in the contract.
21. UTILITIES
In the execution of any subsurface exploration, PATRIOT
will take reasonable precautions to avoid damage to
subterranean structures or utilities of which PATRIOT has
received notification, however, it is the Client's
responsibility to mark or furnish the locations of all
underground, manmade obstructions or utilities. Client
shall indemnify, defend, and hold harmless PATRIOT from
and against any claims, losses, or damages incurred or
asserted against PATRIOT related to Client's failure to
mark, protect, inform, or advise PATRIOT of underground
structures or utilities, unless stated in our contracted
scope of services.
22. SAMPLES
PATRIOT and its subcontractors will retain any soil, rock,
water, or material samples obtained in the performance of
its contracted scope of work for a period not to exceed
thirty (30) days after submitting PATRIOT'S report or
findings. Further storage or transfer of samples and
materials obtained from the contracted scope of
PATRIOT'S work can be made at the Client's expense
upon written request.
23. ROOF CUTS
If roof cuts are authorized by the Client in PATRIOT'S
contracted scope of work, it is the responsibility of Client to
make the appropriate repairs to these roof cuts using
materials consistent with the roofing system and in
accordance with any existing material manufacturer's
warranties. If a roofing contractor or maintenance
personnel selected by Client is not on the roof to make
repairs at the time the samples are obtained, PATRIOT
may make temporary repairs at the time of sampling and
inspection, which may result in additional charges.
PATRIOT personnel are not certified in roofing repair and,
under no circumstances, will be responsible for the
adequacy and water tightness of the temporary repairs,
nor shall PATRIOT be responsible for any water damage
to the roofing system, building, or its contents resulting
from PATRIOT's temporary repairs.
24. AQUIFER CONTAMINATION
Client waives any claim against PATRIOT, and agrees to
hold harmless, defend, and indemnify PATRIOT from any
claim, business loss, or liability for injury as a result of
cross - contamination caused by subsurface drilling and /or
sampling unless due to PATRIOT'S negligence or willful
acts.
25. HAZARDOUS SUBSTANCES
Client agrees to advise PATRIOT, prior to beginning
project work, of any hazardous substances on or near the
project site known to Client. In the event that test samples
obtained during our work contain substances hazardous to
health, safety, or the environment, these samples remain
the property of Client which also shall pay for all costs
connected with decontamination of PATRIOT'S or its
subcontractors' equipment. Furthermore, any equipment
of PATRIOT'S or its subcontractors' contaminated during
PATRIOT's services which cannot be reasonable
decontaminated shall become the property and
responsibility of Client. Such samples and /or equipment
will be delivered to Client. Client agrees to pay
transportation costs for samples and equipment, and the
fair market value of such contaminated equipment. Client
waives any claim against PATRIOT and its subcontractors
and agrees to defend, indemnify, and hold harmless
PATRIOT from any claims, business loss, or liability for
injury arising from PATRIOT'S failure to detect the
presence of hazardous materials, including ACM, through
techniques and methods agreed upon in the proposed and
contracted scope of work, unless the failure to detect
hazardous materials, including ACM, was due to
PATRIOT'S failure to properly execute the proposed and
contracted scope of work set forth in this contract,
26. ENVIRONMENTAL PROBLEMS
PATRIOT and its subcontractors' duties and
responsibilities are limited to the proposed and contracted
scope of work. Any sampling, testing, or monitoring of site
conditions or materials related to environmental concerns
including hazardous waste, soil, ground water, surface
water, ACM, or air pollutants are not part of PATRIOT'S
responsibilities and duties unless specifically identified in
its proposed and contracted scope of work. If it becomes
apparent during project site work that undisclosed
hazardous materials may be present, project site work will
be terminated unless specified in PATRIOT'S proposed
and contracted scope of project work. Project site work
will resume only after renegotiation of the contracted
scope of services and fees to cover appropriate
environment, health, and safety precautions. PATRIOT
shall have no responsibility for detecting or dealing with
environmental concerns, hazardous waste, soil, ground
water, surface water, ACM, or air contamination, should
they occur at the project site unless specifically outline in
PATRIOT'S proposed and contracted scope of work.
Client waives any claim against PATRIOT and agrees to
defend, indemnify, and hold harmless PATRIOT from any
claim, business loss, or liability for injury that results from
the discovery of onsite environmental concerns,
hazardous materials, soils, ground water, surface water,
ACM, or air contamination.
27. ENVIRONMENTAL INDEMNITY
Client agrees to the maximum extent permitted by law to
defend, indemnify, and hold harmless PATRIOT and its
subcontractors from and against any and all claims and
liabilities in connection with toxic or hazardous substances
or constituents unless caused by PATRIOT'S negligence
or willful acts, resulting from Client's violation of any
federal, state or local statute, regulation or ordinance
relating to the handling, storage or disposal of toxic or
hazardous substances or constituents, Client's
undertaking of or arranging for the handing, removal,
treatment, storage, transportation or disposal of toxic or
hazardous substances or constituents found or identified
at the site; toxic or hazardous substances or constituents
introduced at the site by Client or third persons before or
after completion of services herein; allegations that
PATRIOT or its subcontractors are the handlers
generators, operators, treaters or storers, transporters, or
disposers under the Resource Conservation and Recovery
Act of 1976, Comprehensive Environmental Response,
Compensations and Liability Act, or any other similar
federal , state or local regulation or law.
PATRIOT or its subcontractors have no role in generating,
treating, storing, or disposing of any hazardous materials
which may be present at the project site, and which at no
time become the property of PATRIOT or its
subcontractors, unless specifically identified in the
proposed and contracted scope of work. Client shall
evaluate and select proper disposal site for treatment or
disposal of its hazardous materials (to include test
samples collected to determine the characteristics of the
samples), shall select the method of transportation, and
shall be solely responsible therefore. Any arrangements
for the treatment, storage, transport, or disposal of any
hazardous materials that are made at the direction and
expense of Client and to be conducted or completed by
PATRIOT shall be construed as being made solely and
exclusively on Client's behalf for Client's benefit, and
Client shall defend, indemnify, and hold harmless
PATRIOT from and against any and all claims, damages,
business losses, liability of injury, and expenses, including
reasonable attorney's fees, which arise out of any release,
threatened release, transportation, or disposal of
hazardous materials, unless caused by the negligence or
willful acts of PATRIOT during the execution of its
proposed and contracted scope of work.
28. OWNERSHIP OF DOCUMENTS
Client agrees that all original documents and drawings
produced by PATRIOT in accordance with this agreement,
except documents, which are require to be filed with public
agencies, shall remain the property of PATRIOT. Client
agrees to be liable and responsible for the use of unsigned
plans, drawings, or other documents not signed by
PATRIOT, and waives liability against PATRIOT for their
use. Further, client agrees to waive any claim against
PATRIOT and to indemnify, defend, and hold harmless
PATRIOT from any and all claims arising out of any use,
not authorized in writing by PATRIOT, of these documents
by third parties not related to this agreement.
29. PUBLIC RESPONSIBILITY
Client shall be responsible for reporting to appropriate
governmental and licensing agencies with respect to any
legal or regulatory requirements, code violations, or
hazardous substances detected on site. If Client
disregards PATRIOT'S and its subcontractors'
recommendations for reporting or public health and safety,
Client waives any claim against PATRIOT and its
subcontracts and agrees to defend, indemnify, and hold
harmless PATRIOT and its subcontractors from any claim,
business loss, liability for injury, or loss arising from
disregarding PATRIOT'S or its subcontractors'
recommendations of reporting.
PATRIOT ENGINEERING
and Environmental, Inc.
Consulting Environmentat, Geawhnlcal
and Cons&uct/on MaMdafs Englnam
PATRIOT ENGINEERING AND ENVIRONMENTAL, INC.
1000 B AIRPORT NORTH OFFICE PARK
FORT WAYNE, IN 46825
telephone: 260 -490 -1112 fax: 260- 490 -2071 email: sblackmore @patrioteng.com
PROPOSAL ACCEPTANCE AGREEMENT
Proiect Name: Phase I Environmental Site Assessment
Proiect Location: Lot 7 of Ignition Park SubdivisionT South Bend IN
Description of Services: Phase I ESA per ASTM E1527 -13 Requirements
Patriot Proposal: P14 -0456
APPROVAL & PAYMENT OF CHARGES - Invoices will be charged and mailed to the account of:
(Please Complete)
Firm:
City of South Bend
Address:
227 West Jefferson Blvd. Suite 1400S
City, State, Zip:
South Bend, IN 46601
Attention:
Mr. Jitin Kain
Telephone
(574) 235 -5835
Email:
Jkaing(d).southbendin.aov
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Lump Sum $2,300.00 g.1 6�� �XLA � 11�._ (y1y
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Client and Patriot
PAYMENT TERMS: Payable upon Receipt.
NOTICE: This AGREEMENT together
Terms & Conditions constitute the entire agreement between the
and supersedes all prior written or oral understandings:
R�r�l
with Patriot's p oposal and
PROPOSAL ACCEPTED BY (Company
SIGNATURE:
PRINTED NAME:
DATE:
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