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Home My WebLink AboutFirst Amendment to Professional Services Agreement - ACM Engineering & Environmental Services - Lead and Asbestos Testering for Erskine Clubhouse Renovation1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1930 'OUT11 ;e January 22, 2019 Jason Ganser ACM Engineering & Environmental Services 26598 US-20 West South Bend, IN 46628 RE: First Amendment to Professional Services Agreement Dear Mr. Ganser: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on January 22, 2019, approved the above referenced amendment regarding additional lead and asbestos testing for the Erskine Clubhouse Renovation in the amount of $489, for a new total of $4,139. 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 LAURA O'SULLIVAN THERESE J. DoRAu FIRST AMENDMENT TO SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND ACM ENGINEERING & ENVIRONMENTAL SERVICES THIS FIRST AMENDMENT TO SERVICES AGREMENT is entered into this 22 day of January, 2018, by and between the City of South Bend, Indiana a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works, and having its offices at 1200 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601 ("City") and ACM Engineering & Environmental Services, a Florida corporation with its local place of business located at 26598 US-20 West, South Bend, Indiana 46628 ("ACM"). WHEREAS, City and ACM are parties to an agreement entitled "Services Agreement" made effective October 9, 2018 ("Agreement"); and WHEREAS, this agreement is entered into as the First Amendment to the Agreement to modify certain terms and conditions expressed in the Agreement; and NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this First Amendment to the Agreement as follows: Section 2., "Compensation" of the Agreement shall be and hereby is deleted in its entirety and replaced with the following: 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 an amount not to exceed three thousand six hundred and fifty ($3,650) dollars for asbestos and four hundred and eighty nine ($489) dollars for characterization testing of liquid in two fuel tanks at Erskine Golf Course for a total amount not to exceed four thousand one hundred and thirty-nine ($4,139) dollars. The City will pay the Contract Amount in installments upon invoicing by the Provider (each a "Contract Installment"). The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The Provider will not incur or seek reimbursement for any expense in excess of that amount. "EXHIBIT A." of the Agreement shall be and hereby is revised and amended to add the following service: (1) Characterization of the liquid in two (2) suspect fuel tanks at Erskine Golf Course. ACM will test the liquids for flashpoint, density and reactive testing to determine if the liquid is a fuel; and if it is, what type of fuel. Normal laboratory time is one (1) week. Once the liquid contents of the two (2) tanks is identified, ACM will provide a remediation proposal for removal of the tanks and liquids from the site and to properly dispose of the liquids. Each and every other provision of the original Agreement is hereby ratified, approved and reaffirmed by the parties and all other matters previously agreed to and set forth in the original Agreement and not affected by this Amendment shall remain in full force and effect. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the Parties hereto have executed this FIRST AMENDMENT TO SERVICES AGREEMENT as of the day and year first above written. ACM ENGINEERING & ENVIRONMENTAL SERVICES, INC. wiI MUM` to rta�MNiiF;iiWT7t C" m tree3` t.9da r e s s e ep lone Pax C5-1 ma( )Z:: oeCKD CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WO '' :S Gary A. mGilot, President Elizabeth A. Maradik, Member Suzanna Fritzberg, Member U'aullivan, Member A1`T S" ._ �m� ......... x.,'d Martin,�rk, A CM ENGINEERING & ENVIRONMENTAL SERVICES SOUTH BEND, INDIANA • FORT WAYNE, INDIANA • ELMHURST, ILLINOIS TAMPA, FLORIDA • FORT LAUDERDALE, FLORIDA E!C,r� vIIps2Of4ME 'T'/\�.. ASBESTOS BUILDING, FUEL TANK LIQUID CHARACTE:R:IZATION, & XRF LEAD -BASED PAINT INSPECTIONS PROPOSAL FOR: CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS 227 WEST JEFFERSON BOULEVARD SUITE 130ON SOUTH BEND, INDIANA 46601 LOCATION: ERSKINE GOLF COURSE PRO SHOP 4200 MIAMI STREET SOUTH BEND, INDIANA 46614 JANUARY 16, 2019 INSPECTION ACM Engineering & Environmental Services (ACM) will conduct asbestos building, fuel tank liquid characterization, and XRF lead -based paint inspections of the Erskine Golf Course Pro Shop located at 4200 Miami Street in South Bend, Indiana. The inspection will begin with a review of the existing building conditions within the Erskine Golf Course Pro Shop and will include a detailed visual inspection of all accessible areas. These areas include those that can be inspected through hatches, pop-up ceilings, crawl spaces, tunnels or mechanical system chases. 26598 U.S. 20 WEST • SOUTH BEND, INDIANA 46628 • PHONE (574) 234-8435 • FAX (574) 234-6800 • www.acmenv.com ENGIINEFERII -' & ACM ENGINEERING & ENVIRONMENTAL SERVICES SOUTH BEND, INDIANA • FORT WAYNE, INDIANA • ELMHURST,, ILLINOIS TAMPA, FLORIDA • FORT LAUDERDALE, FLORIDA It will not initially be required to break through sealed walls, ceilings, floors or any chases in order to perform the inspection. No destructive testing will be performed during the inspection. The proposed inspections will result in the identification and evaluation of the Erskine Golf Course Pro Shop with respect to asbestos materials, liquids contained within two (2) fuel tanks, and lead -based paint. 1. INSPECTION REPORTS Separate inspection reports will be generated for the asbestos, fuel tank liquid characterization, and lead -based paint assessments that detail the project background and data analysis of the laboratory analytical results. 2. ASBESTOSINSPECTION ACM will provide all labor, materials, and services to perform an asbestos containing building material survey to determine the absence or presence of asbestos containing building material (ACBM) within the Erskine Golf Course Pro Shop. ACM will provide a State of Indiana licensed asbestos inspector who will review all existing reports, findings, and statements pertinent to this inspection, and who will visit the site to inspect and document findings in accordance with United States Environmental Protection Agency (US EPA) and State of Indiana guidelines. The inspection will begin with a review of the existing building records and drawings and will include a detailed inspection of all accessible areas. These areas include those that can be inspected through hatches, pop-up ceilings, and in open crawl spaces or pipe chases. It shall not be required to break through sealed walls, ceilings, floors or pipe chases in order to perform the inspection. The proposed inspection shall result in the identification and evaluation of asbestos containing building material (ACBM) observed. The inspection shall also evaluate the condition of ACBM so that a risk evaluation and priority for response actions can be developed in subsequent proposed tasks. 26598 U.S. 20 WEST • SOUTH BEND, INDIANA 46628 • PHONE (574) 234-8435 • FAX (574) 234-6800 • www.acmenv.com jr ACM ENGINEERING & ENVIRONMENTAL SERVICES 44 w. SOUTH BEND, INDIANA • FORT WAYNE, INDIANA • ELMHURST,, ILLINOIS TAMPA, FLORIDA • FORT LAUDERDALE, FLORIDA u:: NVIIRON u: ,NTAIL.. SERVEEIS Any suspect materials that cannot be definitely identified as asbestos through existing building records of asbestos inspections shall be scheduled for bulk sampling. 3. BULK SAMPLING ACM will conduct bulk sampling of all suspect asbestos materials. A minimum of twenty (20) samples will be collected and analyzed. 4. LABORATORY All bulk samples will be analyzed by our in-house laboratory, which is accredited by the US EPA in accordance with 40 CFR, Part 763, Subpart F, Appendix A of the Asbestos Hazard Emergency Response Act (AHERA). Our laboratory achieved a perfect score in the US EPA Laboratory Quality Assurance Program. Our laboratory microscopists are graduates of the 5-day program given by McCrone Research Institute. All bulk samples are analyzed under polarized light microscopes utilizing the US EPA's recommended "central stop dispersion staining" technique. Results include the type and percentage of asbestos fibers identified, non -asbestos fibers identified, and other non -fibrous materials, such as rocks, binder, filler, etc. The US EPA and the National Voluntary Laboratory Accreditation Program (NVLAP) accredit our laboratory. 5. ASBESTOS INSPECTION REPORT An inspection report will be generated identifying each homogenous material, noting the material type, location(s), quantity, condition, and whether or not asbestos was present. In addition, each sample site location will include an inspection sheet noting sample sites and laboratory analysis. 6. ASBESTOS RISK INSPECTION As a result of the inspection and bulk sampling tasks, ACM will assemble and document information on the relative degree of risk resulting from the types of ACBM and their condition. 26598 U.S. 20 WEST • SOUTH BEND, INDIANA 46628 • PHONE (574) 234-8435 • FAX (574) 234-6800 • www.acmenv.com ACM ENGINEERING & ENVIRONMENTAL SERVICES SOUTH BEND, INDIANA • FORT WAYNE, INDIANA • ELMHURST, ILLINOIS TAMPA, FLORIDA • FORT LAUDERDALE, FLORIDA k" �." II N E E Ik`WG . NV � RO NN M VIIC rIw C .S 7. ASBESTOS FUEL TANK LI UID CHARACTERIZATION AND LEAD PAINT INSPECTION SCHEDULE The anticipated on -site inspection time period is one (1) day. Our current workload will require two (2) days notice to proceed with the on -site work. 8. BULK SAMPLE ANALYSIS PROCEDURE Bulk samples will be analyzed utilizing the following methods to comply with Federal and State OSHA regulations. a. A minimum of one (1) bulk sample will be collected from each homogeneous material. b. Bulk samples will be analyzed for each homogeneous material until a sample is determined to be asbestos. c. If a bulk sample is analyzed and is determined to be ACBM, then the homogeneous material will be classified as such. d. If all bulk samples are analyzed and determined to be Non -Asbestos Containing Building Material (NON-ACBM), then the homogeneous material will be classified as such. 9. XRF LEAD -BASED PAINT INSPECTION ACM Engineering & Environmental Services (ACM) will provide a US EPA and State of Indiana certified and licensed lead inspector and assessor to perform the lead -based paint (LBP) inspection of the Erskine Golf Course Pro Shop. An on -site lead inspection of interior and exterior painted surfaces will be conducted by a Lead Inspector, currently certified through the US EPA. The inspector will list all painted surfaces tested and will identify surfaces found that contain lead in excess of the EPA and HUD standard of 1.0 mg/cm 2. Detailed descriptions of their locations will be provided, as required by HUD and EPA. A surface by surface investigation to determine the presence of lead -based paint and damaged or loose paint chips at the discretion of the lead inspector shall be performed using documented methodologies that incorporate adequate quality control procedures and protocol. 26598 U.S. 20 WEST • SOUTH BEND, INDIANA 46628 • PHONE (574) 234-8435 • FAX (574) 234-6800 • www.acmenv.com @"..NGVlgE'E112M 8, I::NVIIh ONMV:MAL S'l:.RV9CI..S ACM ENGINEERING & ENVIRONMENTAL SERVICES SOUTH BEND, INDIANA • FORT WAYNE, INDIANA • ELMHURST,, ILLINOIS TAMPA, FLORIDA • FORT LAUDERDALE, FLORIDA Testing of all painted surfaces will be accomplished through the use of a X-Ray Fluorescence (XRF) Monitor for determining the presence of lead in paint. The testing will be conducted in accordance with EPA and HUD Guidelines. 10. XRF LEAD -BASED PAINT REPORT Following completion of the field portion of the LBP inspection, two copies of the final report will be provided. These reports will contain the LBP inspection data in the format prescribed by the EPA and HUD. Specifically, the report will include the following: • Sequential Report — lists results in order of testing; • Summary Report — only lists results where paint tested positive for lead; • Detailed Report — lists the results on a room -by -room and unit -by -unit basis; • Distribution Report — lists results in terms of percentage positive and negative. Additionally, the final report will include identification of paint condition on a sample -by -sample basis, recommendations, and copies of the inspector(s) certifications. This report will be presented to Client within ten (10) business days following completion of the fieldwork. It is intended for the sole use of the Client and no warrants of claims are made for use beyond that described herein. 11. FUEL TANK LIQUID CHA:RATERIZATION INSPECTION ACM proposes to perform characterization testing of the liquid contained in two (2) suspect fuel tanks at Erskine Golf Course. The liquids will be tested for flashpoint, density and reactive properties to determine if the liquid is a fuel and the type of fuel. Normal laboratory turnaround time is one (1) week. Once the liquid contents of these tanks have been identified, ACM will provide a remediation proposal to remove the tanks and liquids from the site and properly dispose of the liquids. 26598 U.S. 20 WEST • SOUTH BEND, INDIANA 46628 • PHONE (574) 234-8435 • FAX (574) 234-6800 • www.acmenv.com f ACM ENGINEERING & ENVIRONMENTAL SERVICES " . SOUTH BEND, INDIANA • FORT WAYNE, INDIANA • ELMHURST,, ILLINOIS I TAMPA, FLORIDA FORT LAUDERDALE, FLORIDA .NV'IIRONMIF,N [AII... S,EIfsVYCE, 12. FEE FOR THESE SERVICES The total professional fee for the asbestos, fuel tank liquid characterization, and XRF lead -based paint inspection for the Erskine Golf Course Pro Shop located at 4200 Miami Street in South Bend, Indiana is as follows: Descriptiow Unit Rate Asbestos Inspection $1,890.00 XRF Lead -Based Paint Inspection $17760.00 Fuel Tank Liquid Characterization Ins ection $489.00 Technical Time — Additional $88.00 / Hour XRF Equipment Usage - Additional $ 250.00 / Day Total for Asbestos, Fuel Tank Liquid Characterization, and XRF Lead -Based $4,139.00 Paint Inspections ACM will not charge any fee for asbestos samples collected in excess of the quoted twenty (20) bulk samples due to the use of its US EPA NVLAP accredited laboratory. AUTHORIZATION TO PERFORM SERVICES City of South Bend Department of Public Works, herein referred to as "Client", authorizes ACM Engineering & Environmental Services to perform the asbestos, fuel tank liquid characterization, and XRF lead -based paint inspections of the Erskine Golf Course Pro Shop located at 4200 Miami Street in South Bend, Indiana for the fee of Four Thousand One Hundred Thirty -Nice Dollars ($4,139.00). It is fully understood that the Client is responsible for any and all expenses and costs for the asbestos, fuel tank liquid characterization, and XRF lead -based paint inspection work activities. Any and all costs for the asbestos, fuel tank liquid characterization, and XRF lead -based paint inspection services are the responsibility of the Client and are to be paid within 30 days of the date on the invoice. Authorization Date 26598 U.S. 20 WEST • SOUTH BEND, INDIANA 46628 • PHONE (574) 234-8435 • FAX (574) 234-6800 • www.acmenv.com ACM ENGINEERING & ENVIRONMENTAL SERVICES SOUTH BEND, INDIANA « FORT WAYNE, INDIANA • ELMHURST, ILLINOIS TAMPA, FLORIDA • FORT LAUDERDALE, FLORIDA E,NVYICtOk'V'NAEPAC"'rAII... SUMCES Thank you for considering ACM Engineering & Environmental Services for your asbestos, fuel tank liquid characterization, and XRF lead -based paint inspections. We look forward to serving you and addressing your environmental needs. J scan A. a scr _... �. Vice 'Preside —Engineering and Environmental Services ACM Engineering & Environmental Services 26598 U.S. 20 WEST • SOUTH BEND, INDIANA 46628 • PHONE (574) 234-8435 • FAX (574) 234-6800 • www.acmenv.com BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date Name 1/15/2019 Kyle Silveus Department Engineering BPW Date 1/22/2018 Phone Extension 9083 HNN .... . .. ... Required Prior to Submittal to Board Legal E] Attorney Name Clara M�cDaniels Controller El Controller review is required for all Contracts $5,000.00 or more anc greater than one year in length per the City Purchasing Policy Purchasing F-1 Michael Schmidt Check the LJ Agreement Professional Services ❑ Bid Opening ❑ Quote Opening [J Change Order No. [] Ease/Encroach. FI Other: iropriate Item Type...- E] Contract [:] Resolution El Bid Award El Quote Award ❑C/O & PCA No. ❑ Traffic Control for All Submissions I Proposal Pfl Addendum El Req. to Advertise El Title Sheet uired Information E:1 PCA Company or Vendor Name ACM Engineering and Environmental Services New Vendor 0 Yes N No 0 If Yes, Approved by Purchasing MBE/WBE Contractor F-1 MBE n WBE MBEIWBE Contractor Requested E] No E Yes Name of Company Project Name Erskine Clubhouse Renovation Project Number 116-108 Funding Source Golf Operations Account No. Amount Terms of Contract Purpose/Description O�d final P S",__AaDroved on 10/9if�:L�650now $4,139. Amendment to Lead and Asbestos testing contract to test ljggjd in two suspect fuel tanks at Erskine Golf Course, Liquids will be tested for flashpoint, density, and reactive tesl!gg-to determine if fue and type, [:1 Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-yerify Required For Chqp9e O�rd Amount of increase $ Decrease $ Previous Amount Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original F1 Patrick Sherman F .......... ❑ El El