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HomeMy WebLinkAboutProposal for Geotechnical Engineering Investigation * PATRIOT ENGINEERING and Environmental, Inc. 1.4": Consolting Enri,on ntel, G.o*chnktl end Construction Mt.'s Engineers December 1, 2010 City of Jeffersonville c/o Bemardin, Lockmueller & Associates, Inc. 3502 Woodview Trace Indianapolis, Indiana 46268 Attention: Mr. Jeff DeWitt, P.E., BCEE, Project Manager Re: Proposal for Geotechnical Engineering Investigation New 3.0 MGD Wastewater Treatment Plant River Ridge Commerce Center Jeffersonville, Indiana Patriot Proposal No. PLG10 -0058 Dear Mr. DeWitt: Patriot Engineering and Environmental Co. (Patriot) appreciates the opportunity to submit this proposal to perform a Geotechnical Engineering Investigation for the above referenced project. This proposal has been prepared in accordance with email correspondence between yourself and Sean Smith with Patriot's Indianapolis office on November 29, 2010. Presented in this proposal is an outline of our understanding of the proposed project, our proposed work plan, estimated fee and schedule. If you have any questions regarding this proposal or require any additional information, please do not hesitate to contact us. Sincerely, Patriot Engineering and Environmental, Inc. 62- 14 Wesley J. Hemp, P.E., LEED AP G. Michael Vaught Director – Louisville Geotechnical Services Branch Manager /Principal whemp(apatrioteno.com mvaught(a)patriotenq.com New 3.0 MGD Wastewater Treatment Plant River Ridge Commerce Center Jeffersonville, Indiana Proposal No. PLG10 -0058; December 1, 2010 Page 1 INTRODUCTION Presented in this proposal is an outline of our understanding of the proposed construction, our proposed work plan, estimated cost and schedule. This proposal has been organized into the following sections: • The Patriot Approach • Technical Capabilities • Project Description and Objectives • Proposed Work Plan • Estimated Project Cost • Scope of Work Limitations • Work Schedule • Authorization to Proceed You will find attached to this proposal. Patriot Engineering's Fee Schedule, Geotechnical Services Terms and Conditions and Proposal Acceptance Agreement. THE PATRIOT APPROACH This proposal outlines the technical approach Patriot Engineering and Environmental, Inc. (Patriot) will utilize to complete this project. This approach has been developed to ensure good communication between our Client and Patriot during each step of the process in performing work, and to enable Patriot to provide the appropriate project deliverables tailored to specific requirements, on time and on budget. TECHNICAL CAPABILITIES Patriot Engineering provides clients exceptional talent within our Geotechnical Engineering Group. The Geotechnical Group consists of fourteen (14) engineers, six having masters degrees and one having a Ph.D. degree. Ten (10) of the engineers are registered professional engineers with an average of over 20 years of experience in the Geotechnical field. The Group also has registered geologists and soil laboratory technicians. Additional Patriot engineers, geologists and technicians assist this group as needed with fieldwork and coordination. Our total staff is about 170 employees. New 3.0 MGD Wastewater Treatment Plant River Ridge Commerce Center Jeffersonville, Indiana Proposal No. PLG10 -0058; December 1, 2010 Page 2 PROJECT DESCRIPTION and OBJECTIVE The proposed project will include the design and construction of a new 3.0 MGD Wastewater Treatment Plant located at the River Ridge Commerce Center in Jeffersonville, Indiana. Based upon our review of the Preliminary Subsurface Exploration Report prepared by Construction Solutions, LLC, we understand that the proposed treatment plant will consist of a variety of structures including a screen building, an influent and splitter box, two oxidation ditches, new clarifiers, an administration building, an aerobic digester, and a new 6,500 -ft. force main. The location of the proposed structures was not provided. We understand that some of the structures will reside at depths as deep as 20 feet. No structural loading information has been provided. The objectives of this geotechnical engineering investigation will be to assess the subsurface conditions of the site and to provide recommendations for developing the site as proposed. PROPOSED WORK PLAN As requested, Patriot will drill a total of thirty -four (34) soil borings to a depth of 20 feet or auger refusal, whichever comes first. We estimate that auger refusal will be encountered at an average depth of 15 feet. Upon encountering auger refusal, 5 -feet of rock coring will be performed in each test hole to determine the quality and nature of the underlying bedrock. If rock is not encountered before the termination depth of 20 feet, no rock coring will be performed and the cost for rock coring per hole will be deducted from the total estimated cost. Patriot will visit the project site prior to drilling to locate and mark the boring locations, after consulting with the client. If site conditions require that borings be relocated from previous agreed -upon locations, the client will be advised. Patriot will be responsible for "clearing utilities° within the public domain prior to the excavation of any subsurface exploration. The "clearing of utilities" outside of the public domain shall be the responsibility of the property owner or manager and coordinated with Patriot. The typical drilling method will utilize hollow -stem augers to advance the borings to the required depths. Split -spoon samples and Standard Penetration Tests values (commonly referred to as the blow -count or N- value) will be obtained in advance of the augers at 2.5 foot intervals to a depth of 10 feet, and 5 -foot intervals thereafter per ASTM Method D -1586. Each boring will be monitored for the presence of ground water New 3.0 MGD Wastewater Treatment Plant River Ridge Commerce Center Jeffersonville, Indiana Proposal No. PLG10-0058; December 1, 2010 Page 3 during and immediately following the completion of the boring. For rock coring, a double -tube NX core barrel with a diamond cutting bit will be used to obtain a core sample. It is standard practice in drilling test borings to backfill with the auger cuttings. Sometimes the backfill will settle after the borings are completed, requiring a retum trip to backfill again. An additional fee will be charged for this return trip. As an altemative, the holes can be backfilled with bentonite or grout to reduce settlements for an additional fee or the client may choose to maintain the borehole conditions after our departure. After the fieldwork is completed, we will return all samples to Patriot's soils laboratory to perform the appropriate laboratory testing. The laboratory testing may include unconfined compressive strengths, natural moisture contents, and other testing as deemed necessary. All laboratory testing will be performed in accordance with applicable ASTM methodologies. Based on the results of the fieldwork and laboratory testing, we will prepare a Geotechnical Engineering Report. The report will present all field data, test boring logs and laboratory test results. The geotechnical report will include recommendations for foundation type. bearing pressures, general design recommendations for pavement, slab -on -grade and backfill, and other pertinent information necessary for the design and construction of the structures as requested. Three (3) hard copies and one (1) electronic copy of the report will be submitted. The final report will include our estimate of the Seismic Site Classification in accordance with the 2008 Indiana Building Code based on the subsurface conditions encountered in the test borings performed for this project. The Site Classification will be based upon our estimate of the average subsurface conditions to a depth of 100 feet, since the cost estimate that follows does not include drilling any of the test borings to 100 feet deep. ESTIMATED PROJECT COST We expect to complete this work within an estimated budget of $14,700 based on the Scope of Work outlined in this proposal. An itemized Cost Estimate is provided below. Work performed outside the Scope of Work discussed in this proposal will be performed at a unit rate basis for the actual work performed. Such work will be considered a change in scope. The Client will be provided with a budget for this work modification for approval and authorization prior to proceeding with the work. New 3.0 MGD Wastewater Treatment Plant River Ridge Commerce Center Jeffersonville, Indiana Proposal No. PLG10 -0056; December 1, 2010 Page 4 Itemized Cost Estimate 1. Drilling Services $10,500` Includes thirty-four (34) test borings to a maximum depth of 20 feet or auger refusal and 5 -feet of rock coring at each boring location. 2. Engineering and Laboratory Services $ 4,200 Includes marking boring locations. field soil analysis. laboratory soil analysis and preparation of the geotechnical report. Total Cost Estimate $14,700 *The drilling cost Includes the performance of rock coring at each boring location. If auger refusal is not encountered at the prescribed boring termination depth, a deduct of $175.00 per hole will apply where no rock coring is performed. If the performance of additional rock coring beyond the 5 -feet specified in the RFP becomes necessary, this cost will be charged at the unit rates for rock coring and water hauling shown in the attached fee schedule. SCOPE OF WORK LIMITATIONS In preparation of this proposal. we have assumed that an ATV- mounted drill rig will be able access all of the boring locations. If °clearing" or "grading" of the site is required to gain access to the borings, an additional charge will be assessed. If the borings reveal inconsistent and/or marginal soil conditions requiring additional borings or perhaps deepening the borings, the Client's Project Manager will be consulted immediately with regard to the possibility of modifying the proposed subsurface investigation program. Such a modification may be considered a change in scope of the Proposed Work Plan, thereby requiring a possible adjustment to the budget of this Preliminary Geotechnical Engineering Investigation. The subsurface investigation outlined in this proposal assumes that there are no hazardous materials in the soil or in the groundwater underlying the site. This investigation is not designed to detect or identify such materials. If it becomes apparent during the field investigation that hazardous materials are present, field operations will temporarily cease. The field investigation could be resumed only after the appropriate health and safety issues are addressed and the scope of our investigation modified to address this change in condition. New 3.0 MGD Wastewater Treatment Plant River Ridge Commerce Center Jeffersonville, Indiana Proposal No. PLG10.0058; December 1, 2010 Page WORK SCHEDULE Based on our present workload, we are preparing to begin marking boring locations and coordinate locating of underground utilities immediately upon receiving written authorization to proceed. Drilling operations will begin within one week after receiving authorization to proceed. The field drilling work for the geotechnical investigation will take 5 to 6 days to complete. As requested, the final engineering report will be issued by December 24, 2010. Initial soil information can be provided shortly after the fieldwork is completed. AUTHORIZATION TO PROCEED As our formal authorization to proceed, please fill out and sign the Proposal Acceptance Agreement form included with this proposal, indicating proper billing instructions, and retum an executed copy of this proposal for our files. Also, please note the Geotechnical Services Terms and Conditions included with this proposal, which is an integral part of this proposal. Alternatively, this work may be authorized by a written purchase order or a letter instructing us to proceed, which provides for the Geotechnical Services Terms and Conditions herein. 1 ATTACHMENT A Fee Schedule P PATRIOT ENGINEERING AND ENVIRONMENTAL, INC. Geotechnical Engineering Services 2010 Fee Schedule Unit Unit Coat PROFESSIONAL SERVICES Principal Engineer. P.E. Hour 3175.00 Senior Protect Engineer. P.E. Hour 3130.00 Project Engineer. P.E. Hour $105.00 Senior Engineer/Gedogist Hour $87.00 Geotechnical Engineer/Geologist Hour 377.00 DraftspersoreGAD Technician Hour 371.00 Senior Engineering Technician Hour 353.00 Word Processor Hour 359.00 LABORATORY TESTING Water Contents (oven dried) Each 34.95 Hand Penetrometer Test Each S9.45 Atterberg Limits (LL 8 PL) Each 364.00 Grain Size Distribution Each 3110.00 Sieve Analysis only Each 352.00 Minus 6200 Sieve only Each 333.00 Hydrometer only Each 560.00 Natural Density Each 527.00 Organic Content Each 332.00 pH Determna8en Each 327.00 Extrude & Log Shelby Tube Samples Each 526.00 Standard Proctor Each 3135.00 Modified Proctor Each 3155.00 CBR Test Each f Point 3145.00 Unconfined Compressive Strength Each 353.00 Test for pH. organic matter. soluble salts Each 5105.00 Triaxial Tests (CU - 3 circles) Each 3920.00 Consolidation Test Each 2420.00 PenneaUNy Test (Cohesive Soils) Each 3300.00 9RILUNG SERVICES Mobilization of ddll rig and crew (Local) lump Sum 5480.00 Was $4.00 per mile over 60 miles from a Patriot office Minimum Charge for drill rig, crow and equipment Lump Sun 51.000.00 Drilling with 3.25' and 4.25' hollow stem augers with standard splitspoon sample intorvals Under 50 feel depth and under 50 blows per fool Foot 57.75 50 to 75 feet depth and under 50 dais per foot Foot 311.25 Over 75 feet depth or over 50 down per foot Foot 314.20 Additional sv itspoon samples beyond standard intervals Each 313.50 ATV Drilling . Add Foot 31.50 Mud Drilling. Add FOOL 52.10 Drilling without splitspoons Fool 58.50 Bulk Samples (50 Ib. bag) Each $58.00 Rock Coring Foot 519.95 Equipment. sot -up for rock corng Hole 555.00 • Shelby Tube Samples (3 in. O.D.) Each 547.50 Standby Tine requested by Client or Hauling Water Hour 3130.00 Rental of Dozer (to asset dell rig under adverse site conditions) Cost • 15% Asphalt or Concrete Plug of Drill Holes Hole 527.00 Per Diem for Drill Crew per man Per Day 3110.00 Grouting Holes Foot 57.90 Concrete Coring Through 6 to 8 inches of Floor Slab HO* 3247.00 Monitoring Well Installation Foot 332.00 t4onitodng Wel Flush Manhole 8 Cover Each 3242.00 GENERAL EXPENSES Transportation by Company or Personal Car Mlle $0.60 Subcontractor Costs / Special Costs Os_ film. FedEx. etc.) Cwt • 15% Additional Copies of Report (above 3 copiespplus rime Page 30.43 Out-of -Town Living Expenses Cost + 15% `II ATTACHMENT B Geotechnical Services Terms and Conditions Proposal Acceptance Agreement • PATRIOT ENG!NEERN!G i v and Environmental, Inc. Eny/nrrrrnp VMoe M Project Success TERMS AND CONDITIONS 1. SCOPE OF WORK general liability, property damage, and professional PATRIOT Engineering and Environmental Inc. (PATRIOT) liability, wtrich PATRIOT deems to be adequate. shall perform the services defined in the attached proposal Certificates for such pofcies of insurance shall be at the rates stated In the proposal or the attached fee provided to Client upon request. PATRIOT may provide schedule. My estimate of time and materials shall not be additional insurance coverage beyond stated limits at the considered as a feed price. but only an estimate (unless Clients request and expense. otherwise specifically stated in this contract). PATRIOT will provide additional services at the listed standard rates. 6. RISK ALLOCATION This offer will be valid for ninety (90) days unless Due to the very limited benefit PATRIOT will derive from otherwise stated. Upon acceptance. this proposal and this project compared to that of other parties involved, associated terms and conditions shall become the including the Client, Client agrees to limit PATRIOTS contract. liability to Client or any other party using or relying on PATRIOTS work with respect to any ads or omissions 2. RIGHT OF ENTRY including, but not limited to, breach of this contract, breath Client grants to PATRIOT the right of entry to the project of warranty. negligence, alleged defects in PATRIOTS site by its employees. agents. and subcontractors, to performance, or ogler legal theory such that the total perform the service and represents that it has obtained the aggregate liability of PATRIOT to all those named shall not needed permits and licenses for the proposed work. If exceed a maximum limit of 525.000 or PATRIOTS project client does not own the site. Client warrants and fee for the services rendered on this project. whichever is represents to PATRIOT that it has the authority and less. permission of the owner and occupant of the site to grant right of entry to PATRIOT. 7. TERMINATION PAYMENT TERMS Either party may suspend performance immediately upon 3. PA YM E T will TERMS invoices to the Client throughout the becoming aware of a breach of the teens of this contract 9 by the other party and provide notice of its intention to project and a final Invoice upon completion of services. lemrinate. In the event PATRIOT determines there may There shall be no retainage of fees due and payable to be a significant risk that PATRIOTS fees may not be paid PATRIOT payment is due within fourteen (14) days of on a timely basis, PATRIOT may suspend performance invoice receipt, regardless of whether the client has been and/or retain any reports, work products, or other reimbursed by any other party. Client agrees to pay information until Client provides PATRIOT with adequate interest of one and one half percent (1% %) per month, or assurances of payment. The filing of a voluntary or the maximum rate allowed by law, on past due accounts. involuntary bankruptcy petition. appointment of a receiver, Any attorney s fees, collection fees or other costs incurred assignment for the benefit of creditors or other similar act in collecting any delinquent amount shall be paid by Client. of insolvency shall constitute a breach. Termination will become effective seven (7) calendar days after receipt of 4. STANDARD OF CARE notice by the breaching party unless the event(s) giving The services shall be performed in accordance with rise to the breach are remedied within the timeframe or the generally accepted industry principles and practices. party seeking termination revokes Its notice. Either party. consistent with a level of care and skill ordinariy practiced without cause. may terminate this contract upon providing by reputable members of the profession currently ten (10) calendar days written notice to the other party. providing similar services under similar circumstances. Except as set forth herein. PATRIOT makes no other 8. ASSIGNS representation, guarantee, or warranty, express or implied. This contract may be amended by written instrument, e- in fact or by law, whether any merchantability, fitness for mall confirmation, or written confirmation of a verbal any particular purpose or otherwise concerning any of the agreement, acknowledged or signed by both parties. services which may be furnished by PATRIOT to Client. Client shall not assign this proposal or any reports or Client agrees to give PATRIOT written notice of any information generated as a result of contracted services breath or default under this section and to give PATRIOT pursuant to this proposal without written consent of a reasonable opportunity to cure such breach or default PATRIOT. without the payment of additional fees to PATRIOT, as condition precedent to any claim for damages. 9. SAFETY PATRIOTS responsibility for safety on site shall be limited 5. INSURANCE AND GENERAL LIABILITY to lie own personnel, subcontractors, and any individuals PATRIOT maintains Workers' Compensation and who are directly involved with PATRIOTS work on site. Employers' Liability Insurance in compliance with the laws This shall not be construed to relieve the Client or any of of the state having jurisdiction over the individual its contractors from their responsibilities for maintaining a empbyoe. PATRIOT has insurance coverage under safe jobsite. Neither the professional activities of • PATRIOT, no the presence of PATRIOTS employees and its subcontractors are based solely on the information arid its subcontractors shall be construed to imply that available to them. PATRIOT will only be responsible for PATRIOT has any responsibility for any activities on the data. interpretations. and recommendations based on site, which are performed by personnel other than information obtained from the locations sampled, PATRIOTS employees or subcontractors. monitored. and explored by PATRIOT and its subcontractors. but shall not be responsible for the 10. CONFLICTS interpretations by others of the information obtained and Should any element of the Terms and Conditions be reported. deemed in conflict with any element of the proposal/contract. unless the proposal /contract clearly 14. DISPUTE RESOLUTION voids the conflicting element in the Terms and Conditions. Any claim or dispute made against PATRIOT for wording of the Terms and Conditions shall govern. My Inadequate, negligent, or Improper performance of element of Ws agreement later held to violate a law or services by PATRIOT pursuant to this contract must be regulation shall be deemed void, but all remaining resolved by negotiation or mediation. Any party to this provisions shall continue in force. The Terms and contract may demand that any such disputes be resolved Conditions set forth herein shall survive the termination of by negotiation or medation, unless the parties mutually this contract. No action. legal or otherwise. may be agree otherwise. The Client and PATRIOT further agree brought against PATRIOT arising from its performance of to indude similar dispute resolution provisions in all services under this contract. whether for breach of agreements with independent contractors and consultants contract. Wit, or otherwise, unless PATRIOT shall have retained for the project and to require all independent received within two (2) years after completion of services contractors and consultants also to include similar dispute under this contract a written notice specifying the alleged resolution provisions in all agreements with defects in PA TRIOTS performance or other breach. subcontractors, subconsultants. suppliers or fabricators so retained. thereby providing for negotiation or mediation as 11. CONSEQUENTIAL DAMAGES the primary method for dispute resolution between the In no event shall either party be liable to the other party for parties to those agreements. any consequential, incidental, or indirect damages including. though not limited to. loss of income. loss of 15. FAILURE TO FOLLOW RECOMMENDATIONS profits. loss or restriction of use of property, or any other Client will not hold PATRIOT or its subcontractors liable business losses regardless as to whether such damages for any consequential, incidental, or indirect damages or are caused by breach of contract or warranty, negligent business losses that may occur based on, or which may acts or omissions, or other wrongful acts. result hem PATRIOT'S or is subcontractors' recommendations that are not followed. Client waives any 12. DELAYS IN WORK claim against PATRIOT and agrees to defend. indemnify, PATRIOT will charge the Client at standard rates for and hold PATRIOT harmless from any claim, liability for stand-by or non-productive lime for delays in PA TRIOTS injury, or business loss that results from PATRIOTS work caused by the Client or Clients contractors unless recommendations. otherwise speci0cally provided for In the contract. 16. FORCE MAJEURE 13. SAMPLING OR TEST LOCATION(S) Neither Client nor PATRIOT shall hold the other Unless otherwise stated. the fees in this proposal do not responsible for damages or delays in performance caused include costs associated with surveying of the site for by events beyond the control of the other party and which accurate horizontal and vertical locations of tests or could not reasonably have been anticipated or prevented. samples which, when referenced in PATRIOTS report including but not limited to, acts of God, materially different are based on information furnished by others and/or site conditions. wars, dos, rebellions. sabotage, fires. estimates made by PATRIOTS personnel and are only explosions. accidents. floods. strikes or other conceded considered approximations. unless otherwise stated. acts of workers. lockouts. or changes in laws. regulations. PATRIOT may deviate a reasonable distance from any or ordinances. The party intending to invoke force test or sampling location as specified by the Client. If, in majeure shall provide prompt notice to the other party. order to complete a given soil boring to its designated depth, relocating the soil sampling location and associated 17. RIGHT TO STOP OR DIRECT WORK sampling method is necessitated by encountering Since PATRIOT'S duties and services are limited to the Impenetrable subsurface objects. all work. including the scope of work proposed and contracted with the Client to original work performed. will be charged for at the perform, PATRIOT shall not under any circumstances give appropriate rates in the fee schedule. a stop-work order or direct work, either for quality. safety or any other reason. unless directed solely to PATRIOT Client recognizes that project site conditions may vary personnel or its subcontractors' personnel. Neither shall from those encountered at the locations where the PATRIOT be responsible for the possible consequences borings, surveys, sampling, monitoring, or explorations are of not issuing a stop -work order. PATRIOT will only report made by PATRIOT and is subcontractors, and that the to Client regarding the quality of the work PATRIOT has data interpretations and recommendations of PATRIOTS performed. or been contracted to observe and monitor. 18. FIELD MONITORING AND CONTROL responsibility to mark or furnish the locations of all PATRIOT shall not. except for its ovm services and for underground. manmade obstructions or utilities. Client services it subcontracts, specify project site procedures, shall indemnify. defend, and hold harmless PATRIOT from manage or supervise project work. implement or be and against any claims. losses. or damages incurred or responsible for project site health and safety procedures. asserted against PATRIOT related to Client's failure to PATRIOT shall not be responsible for the acts or mark, protect, inform, or advise PATRIOT of underground omissions of other parties on the project site and shall not structures or utilities, unless stated in our contracted have control or charge of and not be responsible, without scope of services. limitation. for project means. methods. techniques, sequences. or procedures. PATRIOT'S project services 22. SAMPLES shall not relieve any other parties from their responsibility PATRIOT and its subcontractors will retain any soil, rock. for performing work in accordance with applicable plans, water. or material samples obtained in the performance of specifications. safety requirements, laws, and regulations. its contracted scope of work for a period not to exceed PATRIOTS proposed and contracted monitoring and thirty (30) days after submitting PATRIOT'S report or testing services are limited to its proposed and contracted findings. Further storage or transfer of samples and scope of work and does not imply or warrant that materials obtained from the contracted scope of PATRIOT is responsible for observing all activities and PATRIOTS work can be made at the Clients expense personnel at the project site. If PATRIOT is not retained to upon written request. • monitor environmental remediation, mitigation, or abatement activities. Client waives any claim against 23. ROOF CUTS PATRIOT and agrees to indemnify, defend, and hold If roof arts are authorized by the Client in PATRIOT'S PATRIOT harmless for any claim Of liability for injury or contracted scope of work, it is the responsibility of Client to business loss resulting from remediation, mitigation, or make the abatement activities appropriate repairs to these roof cuts using materials consisttent t roof with the roofing system m i and in accordance with any existing material manufacturer's The words 'supervision'. 'inspection ". or 'control'. if used warranties. If a roofing contractor or maintenance in connection with PATRIOTS work. are only intended to personnel selected by Client is not on the roof to make mean periodic observation or monitoring of the project repairs at the time the samples are obtained. PATRIOT work as outlined in PATRIOT'S proposed and contracted may make temporary repairs at the time of sampling and scope of work. inspection. which may result in additional charges. PATRIOT personnel are not certified in roofing repair and, 19. RETESTING AND RE- MONITORING under no circumstances. will be responsible for the PATRIOT is only obligated to monitor and lest in adequacy and water tightness of the temporary repairs, accordance with applicable and agreed upon standards nor shall PATRIOT be responsible for any water damage and methods. In the event PATRIOT'S monitoring and /or to the roofing system. building. or its contents resulting testing discloses deficiencies in the project's work, and from PATRIOTS temporary repairs. which consequently will require corrections, PATRIOT Mil retest or re- monitor the corrected work as required by the 24. AQUIFER CONTAMINATION plans and specifications or as directed by the Client; Client waives any claim against PATRIOT, and agrees to however. all such retesting or re- monitoring shall be hold harmless. defend. and indemnify PATRIOT from any additional work and shall be paid for by Client at the claim, business loss, or liability for injury as a result of agreed upon rates in this contract. cross-contamination caused by subsurface drilling and/or sampling unless due to PATRIOT'S negligence or willful 20. SITE WORK acts. PATRIOT will take reasonable precautions to avoid any damage to the project site from the activities of its 25. HAZARDOUS SUBSTANCES personnel, subcontractors, or equipment. Any damage Client agrees to advise PATRIOT, prior to beginning caused by PATRIOT'S negligence will be restored at project work. of any hazardous substances on or near the PATRIOTS expense; however. unavoidable damage project site known to Client. In the event that test samples caused in the execution of the project work such as tire obtained during our work contain substances hazardous to rutting, cutting and splicing of fences. removal of potential health, safety. or the environment, these samples remain asbestos containing materials (ACM), drilling through the property of Client which also shall pay for all costs pavements, cutting of brush and trees. coring through connected with decontamination of PATRIOTS or its pavements, etc., will not be restored unless otherwise subcontractors' equipment. Funhermore, any equipment stated in the contract. of PATRIOTS or its subcontractors' contaminated during PATRIOT's services which cannot be reasonable 21. UTILITIES decontaminated shall become the property and In the execution of any subsurface exploration, PATRIOT responsibility of Client. Such samples and/or equipment will take reasonable precautions to avoid damage to will be delivered to Client. Client agrees to pay subterranean structures or utilities of which PATRIOT has transportation costs for samples and equipment, and the received notification: however, it is the Clients fair market value of such contaminated equipment. Client waives any dam against PATRIOT and its subcontractors PATRIOT or its subcontractors have no role in generating. and agrees to defend. indemnify. and hold harmless treating, storing, or disposing of any hazardous materials PATRIOT from any claims. business loss. or liability for which may be present at the project site. and which at no injury arising from PATRIOTS failure to detect the time become the property of PATRIOT or its presence of hazardous materials. Including ACM. through subcontractors, unless specifically identified in the techniques and methods agreed upon in the proposed and proposed and contracted scope of work. Client shall contracted scope of work, unless the failure to detect evaluate and select proper disposal site for treatment or hazardous materials. including ACM, was due to disposal of its hazardous materials (to include test PATRIOTS failure to properly execute the proposed and samples collected to determine the characteristics of the contracted scope of work set forth in this contract. samples), shall select the method of transportation, and shall be solely responsible therefore. My arrangements 26. ENVIRONMENTAL PROBLEMS for the treatment. storage, transport, or disposal of any PATRIOT and its subcontractors' duties and hazardous materials that are made at the direction and responsibilities are limited to the proposed and contracted expense of Client and to be conducted or completed by scope of work. My sampling, testing, or monitoring of site PATRIOT shall be construed as being made solely and conditions or materials related to environmental concems exclusively on Clients behalf for Client's benefit. and including hazardous waste. soil. ground water. surface Client shall defend. indemnify, and hold harmless water. ACM. or air pollutants are not part of PATRIOTS PATRIOT from and against any and all claims. damages. responsibilities and duties unless spedboaly identified in business losses, liability of injury, and expenses, including its proposed and contracted scope of work. If it becomes reasonable attorneys fees. which arise out of any release. apparent during project site work that undisclosed threatened release, transportation. or disposal of hazardous materials may be present. project site work will hazardous materials. unless caused by the negligence or be terminated unless specified in PATRIOT'S proposed willful acts of PATRIOT during the execution of its and contracted scope of project work. Project site work proposed and contracted scope of work. will resume only after renegotiation of the contracted scope of services and fees to cover appropriate 28. OWNERSHIP OF DOCUMENTS environment, health, and safety precautions. PATRIOT Client agrees that all original documents and drawings shalt have no responsibility for detecting or dealing with produced by PATRIOT in accordance with this agreement environmental concerns, hazardous waste, soli, ground except documents. which are require to be Ned with public water, surface water. ACM. or air eontavnlnabon, should agencies, shall remain the property of PATRIOT. Client they occur at the project site unless specifically outline in agrees to be liable and responsible for the use of unsigned PATRIOT'S proposed and contracted scope of work. plans, drawings, or other documents not signed by Client waives any claim against PATRIOT and agrees to PATRIOT. and waives liability against PATRIOT for their defend, indemnify, and hold harmless PATRIOT from any use. Further. client agrees to waive any claim against claim, business loss. or liability for injury that results from PATRIOT and to indemnify. defend. and hold harmless the discovery of ensile environmental concems, PATRIOT from any and all claims arising out of any use. hazardous materials. soils, ground water, surface water. not authorized in writing by PATRIOT. of these documents ACM. or air contamination. by third parties not related to this agreement. 27. ENVIRONMENTAL INDEMNITY 29. PUBLIC RESPONSIBILITY Client agrees to the maximum extent permitted by law to Client shall be responsible for reporting to appropriate defend, indemnify and hold harmless PATRIOT and its governmental and licensing agencies with respect to any subcontractors from and against any and all claims and legal or regulatory requirements, code violations, or liabilities in connection with toxic or hazardous substances hazardous substances detected on site. If Client or constituents unless caused by PATRIOT'S negligence disregards PATRIOT'S and its subcontractors' or willful acts, resulting from Clients violation of any recommendations for reporting or public health and safety. federal, state or local statute, regulation or ordinance Client waives any claim against PATRIOT and its relating to the handling. storage or disposal of toxic or subcontracts and agrees to defend, indemnify, and hold hazardous substances or constituents: Client's harmless PATRIOT and its subcontractors from any claim, undertaking of or arranging for the handing, removal, business loss, liability for injury, or loss arising from treatment. storage. transportation or disposal of toxic or disregarding PATRIOT'S or its subcontractors' hazardous substances or constituents found or identified recommendations of reporting. at the site; toxic or hazardous substances or constituents introduced at tie site by Client or third persons before or after completion of services heroin: allegations that PATRIOT or its subcontractors are the handlers generators. operators, treaters or storers, transporters. or Revised April 2008 disposers under the Resource Conservation and Recovery Act of 1976, Comprehensive Environmental Response, Compensations and Liability Act. or any other similar federal , slate or local regulation or law. p PATRIOT ENGINEERING AND ENVIRONMENTAL, INC. PHONE: 502 FAX: (502) 961 - 9256 PROPOSAL ACCEPTANCE AGREEMENT Project Name New 3.0 MGD Wastewater Treatment Plant Project Location: Jeffersonville. Clark County. IN Description of Services: Geotechnical Engineering Services Patriot Proposal PLG10 -0058 Project #: APPROVAL. & PAYMENT OF CHARGES - Invoices will be charged and mailed to the account of: Firm: City of Jeffersonville c/o Bemardin. Lockmueller & Associates Address: 3502 Woodview Trace City: Indianapolis State Indiana Zip: 46268 Attention: Mr. Jeff DeWitt Telephone: 317- 222 -3880 Fax: 317- 222 -3881 Email: idewitlirablainc.com PAYMENT TERMS: Payable in accordance with the attached Terms and Conditions. Invoices for completed work will be issued every month for continuous or extended projects unless otherwise agreed. REFERENCES - Patriot retains the right to perfomr a standard credit review on all new Clients. Patriot will proceed with the project immediately after formal credit approval and receipt of the required invoicing information. Financial Supplier Trade (Current bank or other lender) (Current account with Client) (Engineer, Contractor, Other, etc.) Name: Name: Name: Contact: Contact: Contact: Account No.: Account No.: Account No.: Phone No.: Phone No.: Phone No.: NOTICE: PATRIOT reserves the right to withhold all reports until such time we receive a signed Proposal Acceptance Agreement or with other written authorization referencing this AGREEMENT in its entirety. This AGREEMENT together with PATRIOTS Proposal. Unit Fee Schedule, and following Terms & Conditions constitute the entire agreement between the Client and PATRIOT and supersedes all prior written or oral understandings: © Geotechnical Services Terms and Conditions ❑ Geotechnical /Phase 1 Environmental Site Assessments Terms and Conditions ❑ Geotechnical/CME Services Teens and Conditions ❑ Environmental/General Terms and Conditions ❑ Phase 1 Environmental Site Assessments General Terms and Conditions ❑ Construction Materials Testing Services Terms and Conditions PROPOSAL ACCEPTED BY: _�� e. - . ns a TITLE: /.3e.1tMJ 7geds, -t�� DATE ACCEPTED: / 2_/2 //O