HomeMy WebLinkAboutAmendment to PSA - Jones Petrie Rafinski - Beck's Lake Project1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND_ INDIANA 46601-1830
CITY OF
SOUTii BEND PETE BUTTIGIEG, MAY I
BOARD OF i WORKS
November 13, 2018
R. Joseph Trojan
Jones Petrie Rafinski
325 S. Lafayette Blvd.
South Bend, IN 46601
RE: Amendment to Professional Services Agreement
Dear Mr. Trojan:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on November 13, 2018, approved the above
referenced amendment regarding EPA required offsite waste delineation, groundwater
investigation and solid disposal/SMP implementation for CBRC for Beck's Lake Project in
the amount not to exceed $291,000.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This First Amendment to Agreement for Professional Service (this "First Amendment")
is made on November 13, 2018 (the "Effective Date"), by and between the City of South Bend,
Indiana, acting by and through its Board of Public Works (the "City"), and Jones Petrie Rafinski
Con, an Indiana corporation with its principal office at 200 Nibco Parkway, Suite 200, Elkhart,
Indiana 46516 (the "Provider") (each a "Party" and together, the "Parties").
RECITALS
A. The City and the Provider entered into that certain Agreement for Professional
Services dated August 14, 2018 (the "Services Agreement"), for Beck's Lake Project offsite
waste delineation and groundwater investigation (as defined in the Services Agreement).
B. The City and the Provider wish to amend the Agreement as set forth in
this First Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this
First Amendment and the Services Agreement, the adequacy of which consideration is hereby
acknowledged, the Parties agree as follows:
1. The entirety of Section 2 of the Agreement is deleted and replaced by the
following:
A. Cw ensation. In exchange for the Provider's satisfactory performance of the
Services, and subject to the terms and conditions of this Agreement, the City will pay the
Provider a total sum not to exceed Two Hundred Ninety -One Thousand Dollars ($291,000)
(the "Contract Amount") in accordance with the cost proposal stated in the Scope of Work.
The Provider shall prepare detailed, itemized invoices and submit them monthly to the City
of South Bend Department of Law. Invoices shall be presented as set forth in the Scope of
Work and payment shall be made to the Provider within a reasonable time thereafter. The
Provider acknowledges and agrees that invoices will be reviewed and approved by the PRPs
prior to payment. The City will not be required to pay any invoice if the City is not satisfied
with the Provider's Performance under this Agreement or any default or breach of this
Agreement by Provider exists, as the City may determine in its sole discretion. The Provider
will not incur or seek reimbursement for any expenses exceeding the Contract Amount
without a signed contract change or similar instrument as outlined in Section 16.
B. Add Exhibit A-1 to the Agreement, Scope of Work Changes and Cost
Adjustment Beck's Lake NPL Site/LaSalle Park Area, South Bend, Indiana.
2. Each and every other provision of the Agreement and attachments thereto are
hereby ratified, approved and reaffirmed by the Parties and all other matter previously agree to
and set forth in the Agreement and not affected by this First Amendment shall remain in full
force and effect.
3. This First Amendment may be executed in multiple counterparts, each of
which shall be deemed an original.
4. The undersigned person(s) executing and delivering this First Amendment on
Behalf of the Parties represent and certify that he/she has been full empowered to execute and
deliver this First Amendment.
IN WITNESS WHEROF, the Parties hereto have made and executed this First
Amendment to the Agreement as of the date first written above.
CITY OF SOUTH BEND, INDIANA JONES PETRIE RAFINSKI CORP.,
BOARD OF PUBLIC Wo `'s an fiidi,wa or porat'ion
Signature
Gary A. Gilot, President
...__.-------------------- _______m,._.m.,..�_
Therese Dorau, 4ember
Suzanna A. Fritzberg, Member
U& - W—It . .
.................. ....... ......... ................w............—....1
Elizabeth M. Maradik, Member
James A. Mueller, Member
ATTEST:
�"4,' �xa Martm, � Ic r lc .e.
R. Joseph Trojan
Printed Name
Environmental Project Manager
Title
November 7, 2018
Date
EXHIBIT
i
October 12, 2018
City of South Bend
Legal Department
227 West Jefferson Boulevard #1200
South Bend, Indiana 46601
Attn: Stephanie Steele,
Corporation Counsel
RE: SCOPE OF WORK CHANGES AND COST ADJUSTMENTS, BECK'S LAKE NPL
SITE/LASALLE PARK AREA, SOUTH BEND, INDIANA
(PROJECT 2018-0225)
Dear Ms. Steele:
Jones Petrie Rafinski Corp. (JPR) is pleased to submit this Scope of Work Changes and Cost
Adjustments to the professional services agreement (PSA) dated August 14, 2018 for work
associated with additional offsite waste delineation (Task 1), groundwater investigation (Task 2),
soil management plan (SMP) implementation (Task 3), and general consulting services (Task 4)
for the Beck's Lake NPL Site/LaSalle Park Area project.
SCOPE OF WORK CHANGES BY TASK WITH COST ADJUSTMENTS
Task 1: Waste Delineation Outside of the LPA - North of Linden Avenue
Net Contract Change: $16,500 increase
The EPA draft SOW (on which the original SOW provided in the PSA was based) did not
include soil sampling and analysis for the waste delineation soil borings. The EPA has since
requested that soil samples be collected and analyzed from each of the 12 waste fill
delineation soil borings resulting in the following cost adjustments:
• Senior Geologist (Project Manager) @$130/hour — estimated 12 additional hours (work
plan development, safety plan development, subcontractor bids and contracts, analysis of
data, field work oversight, report development {as -needed})
• Field Geologist @$95/hour — estimated 2 additional hours (surface soil sample collection
and boring logs)
• Drilling of soil borings with additional downtime for sample collection (drilling subcontractor
additional cost $550)
• Laboratory analysis of 58 soil samples for TAL metals and 4 soil samples for VOCs and
SVOCs (laboratory subcontractor additional cost $10,700)
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5741937762
Scope of Work and Cost Proposal for Beck's Lake NPL/LaSalle Park Area
October 12, 2018
Page 2 of 4
Validation of laboratory analyses of soil samples (validation subcontractor additional cost
$3,500)
Task 2: Monitor Well Installation, Development, and Groundwater Sampling
Net Contract Change: $21,500 increase
The original SOW in the PSA only included sampling of the 8 planned new monitor wells in
the Right -of -Way north of Linden Avenue. The Groundwater Investigation Work Plan
(approved by the EPA on October 9, 2018) includes the sampling of the 13 existing monitor
wells on the LaSalle Park property in addition to the 8 planned new monitor wells resulting in
the following cost adjustments:
• Supervising Environmental Manager @$140/hour — estimated 12 additional hours (review
of additional data and documentatio related to expanded project scope)
• Senior Geologist (Project Manager) @$130/hour — estimated 76 additional hours
(sampling of additional wells and associated data interpretation and report preparation)
• Field Geologist @$95/hour — estimated 76 additional hours (sampling of additional wells
and associated data acqisition and report preparation assistance)
• Drummed soil disposal (waste disposal subcontractor additional cost $2,400)
• Survey of soil boring and monitor well locations (survey subcontractor additional cost
$220)
• Specialized sampling equipment rentals (equipment subcontractor additional cost $1,865)
4 Laboratory analysis of 21 groundwater samples (plus duplicates, field blanks and trip
blanks) for TAL metals, VOCs, and SVOCs (laboratory subcontractor cost reduction
$5,750)
* Validation of laboratory analyses of soil samples (validation subcontractor additional cost
$4,400)
Task 3: Soil Management Plan Implementation and Waste Soil Disposal
Net Contract Change: $35,000 increase
Removal of the stockpiled soil was conducted on August 21-22, 2018. The original estimated
amount of soil to be removed was 800 tons. During that activity, a total of 1595.98 tons of soil
was removed from the site and disposed at Prairie View Landfill in Wyatt, Indiana resulting in
the following cost adjustments:
Waste disposal — estimated 800 tons @$44/ton ($35,200) Actual amount was 1595.48
tons @ $44/ton for a total of $70,201.12 resulting in an increase of $35,000.
Scope of Work and Cost Proposal for Beck's Lake NPL/LaSalle Park Area
October 12, 2018
Page 3 of 4
Task 4: General Consulting - Provide Assistance to Project Coordinator for On -Going
Deliverables
Net Contract Change: $20,000 increase
The original SOW in the PSA included costs for general consulting for a duration of six months
with the understanding the contract would be up for renewal at the end of 2018. However,
the PSA was written with no time limits for completion each of the tasks. Since the project is
ongoing, general consulting will be necessary to assist the City of South Bend with EPA
requirements. Therefore, the following cost adjustment includes anticipated general
consulting costs through June 2019:
« Senior Geologist @$130/hour — estimated 150 hours for 2018 at direction of the Project
Coordinator and approval of PRPs plus an additional 150 hours through the end of June
2019.
The following is a summary of the overall cost adjustments:
Original Total Estimated Costs .................................................... $198,000
Current Total Estimated Costs............ ........................................... $291,000
Net Contract Change (increase)...................................................... $93,000
Please note that the costs presented herein are our best estimate of the time and materials
involved in the project which Jones Petrie Rafinski will not exceed without prior approval.
,Should the scope of services require modification (i.e., additional/less borings, analyses, etc.)
based upon field conditions and/or circumstances that would not have otherwise been
anticipated, JPR will notify the client of such "changed conditions" and resultant cost
implications to the project.
Assuming a portion of the project is ongoing, our services will be billed monthly. Payment will
be subject to the terms of the PSA. Should you have any questions or comments concerning
our services or charges during the course of the work, please bring them to our attention
immediately for quick resolution.
Sincerely,
R. J eph Trozn
Env` onmental Project Manager
J:\Proposals\City of South Bend\Beck's Lake Project Scope of Work Changes and Cost Adjustments 10-12-2018.doc
Scope of Work and Cost Proposal for Beck's Lake NPL/LaSalle Park Area
October 12, 2018
Page 4 of 4
SCOPE CHANGE ACCEPTANCE
This SCOPE OF WORK CHANGES AND COST ADJUSTMENTS, BECK'S LAKE NPL
SITE/LASALLE PARK AREA, SOUTH BEND, INDIANA
(PROJECT No. 2018-0225) is hereby accepted and authorization to proceed hereby
granted:
Accepted By:
Printed name and title:
Business name:
Billing address:
Billing/account manager:
Date:
Phone No.: Fax No.: E-mail::
Point of Contact for Gaining Access to Property:
Phone No. for Point of Contact:
Please note: Jones Petrie Rafinski offers electronic invoicing if requested. Please sign
below if you would prefer that option.
1 prefer to have my invoice transmitted through electronic email:
The party who signs this Proposal is directly responsible for the charges incurred
during the completion of our work.
4 1 P a g e
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date November 6, 2018
Name Stephanie Department eal..-...._ .................. ............. . ..
BPW Date November 13, 2018 Phone Extension 9241
... _www ..._IT.._IT. Required Prior to Submittal to Board _ ww.... ...__..
Legal Attorney Name Clara McDaniels
Controller review is required for all Contracts $5,000.00 or more
Controller ® and greater than one year in length per the City Purchasing
Policy
Purchasing
H Agreement
El Professional Services
R Bid Opening
❑ Quote Opening
❑ Chg Order No.
Ease./Encroach.
Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Nreriate Item Tye
El Contract
Amendment
El Bid Award
E' Quote Award
❑ c/o &PCA No
❑ Traffic Control
JPR
Yes
No
MBE
WBE
Beck's Lake
Current Percent of Change:
New Amount $
Total Percent of Change:
Time Extension:
Copy
Original
❑
❑
❑
❑
❑
❑
Info
Proposal
❑ Req. to Advertise
El PCA
E, Resolution
Claim
If Yes, Approved by Purchasing
Addendum
❑ Title Sheet
Completed E-Verify Form Attached ❑ Yes
❑ No
'roiect
Dispersal After Approval