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HomeMy WebLinkAboutKitchen Kompact PropertyENC~INIiERXNCC December 16, 2008 Mayor Tom Galligan Jeffersonville Sewer Board 500 Quartermaster Court Jeffersonville, Indiana 47130 PHASE I ENVIRONMENTAL SITE ASSESSMENT PROPOSAL Kitchen Kompact Property Northeast Side of Dutch Lane Jeffersonville, Clark County, Indiana 1H[]E][ Proposal No. 8E-12/16a Dear Mayor Galligan: We are pleased to present this proposal for a Phase I Environmental Site Assessment at the referenced site located northeast of Dutch Lane in Jeffersonville, Clark County, Indiana. This proposal includes our understanding of the project information, the proposed scope of services, a lump sum fee, and a projected schedule. PROJECT INFORMATION You provided Hagerty Engineering, Inc., (HEI) project information in an electronic mail transmission on December 10, 2008. The subject site is an approximately 36-acre property that is mostly undeveloped and is located in an area with historical industrial usage. Asphaltic concrete parking is present along the southeast end of the site. The property is bordered on the southeast by America Place, on the northeast by an undeveloped tract and Main Street, on the northwest by railroad tracks, and on the southwest by a light industrial facility. SCOPE OF WORK It is our intent to conduct a Phase I environmental site assessment in order to identify, to the extent feasible, recognized environmental conditions in connection with the subject site. The protocol to be used for this assessment is in general accordance with the requirements of ASTM Standard E1527-05. The site assessment will include four components: Records Review, Site Reconnaissance, Interviews and Report Preparation. The purpose of the records review is to obtain and review records that will help identify documented conditions or activities that likely would indicate the existence of recognized environmental conditions in connection with the subject site. The objective of the site reconnaissance is to obtain information regarding on-site conditions that likely would indicate the existence of recognized environmental conditions in connection with the subject site. The objective of the interviews is to obtain additional information from owners, tenants, and local government sources regarding the presence of conditions or activities on or near the subject site that would indicate the existence of recognized 229 Walnut Street Jeffersonville, Indiana 47130 (812) 725-7583 fax (812) 725-7584 Kitchen Kompact Property Phase I ESA Jeffersonville, Clark County, Indiana Proposal No. 8E-12/16a Page 2 environmental conditions in connection with the subject site. The report will include documentation to support the analysis, opinions and conclusions as presented. SCHEDULE Based on our current workload, work for the assessment can be started within three business days of authorization. A written report can be submitted within ten business days of the start of the project; however, it is important to note that completion of the report will be dependent on the response time of certain government agencies, and several holidays will take place in upcoming weeks if authorization is granted soon. If significant project delays are experienced, you will be contacted to discuss the revised schedule. FEE The scope of work provided in this proposal can be performed for the lump sum fee of $3,000.00 (three thousand dollars). No additional fees will be incurred without your prior approval. AUTHORIZATION You may authorize our work on this project by your signature on the following page. You may wish to issue a purchase order; however, this proposal must be referenced on the purchase order. Please note that your signature indicates acceptance of the attached Contract Terms. We appreciate the opportunity to provide you with environmental services. If we can answer any questions, please call. Sincerely, ~~~,~~~T~ ~N~~~N>EE~~~N~, ~~N~. Peggy Hagerty Duffy, P.E. President ENGt NI:ERING Kitchen Kompact Property Phase I ESA Jeffersonville, Clark County, Indiana Proposal No. 8E-12/16a Page 3 PROPOSAL ACCEPTANCE Project: Kitchen Kompact Property Location: Jeffersonville, Clark County, Indiana Client: Jeffersonville Sewer Board Proposal Date: December 16, 2008 Fee: $3,000.00 (three thousand dollars) NAME: ~ ,,~~~ TITLE: ~ ¢~ yb~! DATE: !L ~/(~~~;~ PRINTED NAME: ~~ v r11 ~ ~ 0. ~ ~ ~~ ; G ~ (The above signature indicates acceptance of HEI Proposal Document No.8E-12/16a and the attached Contract Terms.) ® lH[A\tG~lEl[~~[~~Y ENG~ll N1:ER1[7VC Contract Terms 1. PARTIES AND SCOPE OF WORK: Hagerty Engineering, Inc., (hereinafter referred to as "HEI") shall include said company performing the work. "Work" means the specific geotechnical, analytical, testing or other service to be performed by HEI as set forth in HEI's proposal, the clients' acceptance thereof and these Contract Terms. "Client" refers to the person or business entity ordering the work to be done by HEI. If the client is ordering the work on behalf of another, the client represents and warrants that the client is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate and sufficient for the clients' intended purpose. Client shall communicate these Contract Terms to each and every third party to whom the client transmits any part of HEI's work. HEI shall have no duty or obligation to any third party greater than that set forth in HEI's proposal, client's acceptance thereof and these Contract Terms. The ordering of work from HEI shall constitute acceptance of the terms of HEI's proposal and these Contract Terms. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by HEI or others to be timely and properly performed in accordance with the plans, specifications and contract documents, and HEI's recommendations. No claims for loss, damage or injury shall be brought against HEI by client or any third party unless all tests and inspections have been so performed and unless HEI's recommendations have been followed. Client agrees to indemnify, defend and hold HEI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or HEI's recommendations are not so followed except to the extent that such failure is the result of a negligence, willful or wanton act or omission of HEI, its officers, agents or employees. 3. SCHEDULING OF WORK: The services set forth in HEI's proposal and client's acceptance will be accomplished in a timely, workmanlike and professional manner by HEI personnel at the prices quoted. If HEI is required to delay commencement of the work or if, upon embarking upon its work, HEI is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by the client, to fulfil] the requirements of third parties, interruptions in the progess of construction, or other causes beyond the direct reasonable control of HEI, additional charges will be applicable and payable by client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for HEI to perform the work. HEI shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment; however, HEI has not included in its fee the cost of restoration of damage which may occur. If client desires or requires HEI to restore the site to its former condition, upon written request HEI will perform such additional work as is necessary to do so and client agrees to pay to HEI the cost thereof. 5. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless HEI has assumed in writing the responsibility of locating subsurface or latent conditions, client agrees to indemnify and save HEI harmless from all claims, suits, losses, costs and expenses, including reasonable attorney's fees as a result of persona] injury, death or property damage occurring with respect to HEI's performance of its work and arising from subsurface or latent conditions or damage to subsurface or latent objects, structures, line or conduits where the actual or potential presence and location thereof was not revealed to HEI by client. 6. PAYMENT: Client shall be invoiced at the completion of the work described in this proposal. Client agrees to pay the invoice within thirty (30) days of its receipt. 7. TERMINATION: This agreement may be terminated by either party upon seven day's prior written notice. In the event of termination, HEI shall be compensated by client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place HEI's files in order and/or protect its professional reputation. 8. WARRANTY: HEI's services will be performed, its finding obtained and its reports prepared in accordance with its proposal, client's acceptance thereof, these Contract Terms, and with generally accepted principles and practices. In performing its professional services, HEI will use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in HEI reports are opinions based upon engineering judgement and are not to be construed as representations of fact. Should HEI, or any of its professional employees be found to have been negligent in the performing of professional services or work or to have made and breached any express or implied warranty, representation or contract, client, al] parties claiming through client and all parties claiming to have in any way relied upon HEI's services or work agree that the maximum aggregate amount of the liability of HEI, its officers, employees and agents shall be limited to $1,000,000 or the total amount of the fee paid to HEI for its work performed with respect to the project whichever amount is greater. 9. INDEMNITY: Except to the extent specifically addressed in paragraph 8, client agrees to indemnify, defend and hold HEI, its officers, employees, agents, and independent contractors harmless from any and all claims, suits, losses, costs and expenses, including but not limited to court costs and reasonable attorney's fees arising or alleging to have arisen out of the performance of HEI's work. In the event that client or client's principal shall bring any suit, cause of action, claim or counterclaim against HEI to the extent that HEI shall prevail in such suit, cause of action, claim, or counterclaim the party initiating such action shall pay to HEI the costs and expenses incurred by HEI to answer and/or defend such suit, cause of action, claim or counterclaim, including reasonable attorney's fees, court costs, witness fees and other related expenses. HEI Proposal No. 8E-I2/16a -Kitchen Kompact Property Phase IESA -Jeffersonville, Clark County, Indiana lH(A\~GIIEIE~~C'~Y EN(NYNI;ERYNG