HomeMy WebLinkAboutSecond Amendment to PSA - JPR Corp - Becks Lake Site,()VTII
1316 COUNTY -CITY BUILDINGf
227 W. JEFFERSON BOULEVARD
SOUTH BEND_ INDIANA466E1-193E 1
0
11165
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDU LI S
August 13, 2019
R. Joseph Trojan
Jones Petrie Rafinski Corp
325 S. Lafayette Blvd.
South Bend, IN 46601
RE: Second 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 August 13, 2019, approved the above
referenced amendment regarding the reallocation of funds and the addition of new tasks for
soil sampling for the Beck's Lake site in the amount of $25,000, for a new total not to
exceed $316,000.
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 GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
This Second Amendment to the Agreement for Professional Service (this "Second
Amendment") is made on August 13, 2019 (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 Corp., 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 entered into the First Amendment to the Services
Agreement on November 13, 2018, incorporating Scope of Work Changes and Cost Adjustments
as set forth in the First Amendment.
C. The City and the Provider now wish to further amend the Services Agreement as
set forth in this Second Amendment.
NOW, THEREFORE, in consideration of the mutual promises and obligations in this
Second Amendment, the 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 Services Agreement is deleted and replaced by the
following:
A. Compensation. 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 Three Hundred Sixteen Thousand Dollars ($316,000) (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 B-1 to the Services Agreement, Scope of Work Changes and Cost
Adjustments, Beck's Lake NPL Site/LaSalle Park Area, South Bend, Indiana (Project 2018-
0225).
2. Each and every other provision of the Services Agreement and attachments
thereto are hereby ratified, approved and reaffirmed by the Parties and all other matters
previously agreed to and set forth in the Services Agreement and not affected by this Second
Amendment shall remain in full force and effect.
3. This Second Amendment may be executed in multiple counterparts, each of
which shall be deemed an original.
4. The undersigned person(s) executing and delivering this Second Amendment on
Behalf of the Parties represent and certify that s/he has been full empowered to execute and
deliver this Second Amendment.
IN WITNESS WHEROF, the Parties hereto have made and executed this Second
Amendment to the Services Agreement as of the date first written above.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Therese J. D rah, Merger
Genevieae E. Miller,. Member
f
ember
'Sullivan, Member
ATTEST:
tm/da M. Martin, Clerk
JONES PETRIE RAFINSKI CORP.,
an Indiana �orporatr"
Signatu
R 1qseph, Troja ._.....
Printed Name
Environmental Proicct Mana acr-
Title
Date
August 1, 2019
City of South Bend
Legal Department
227 West Jefferson Boulevard #1200
South Bend, Indiana 46601
Attn: Stephanie Steele, Esq.
Corporation Counsel
RE: SCOPE OF WORK CHANGES AND COST ADJUSTMENTS, BECK'S LAKE NPL
SITEILASALLE 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 as a Second Amendment 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. As part of this Scope of Work an additional
task (Task 5) has been added. Task 5 is for additional soil sampling to better define areas of concern
previously identified which may require remedial action.
SCOPE OF WORK CHANGES BY TASK WITH COST ADJUSTMENTS
Task 1: Waste Delineation Outside of the LPA - North of Linden Avenue
Net Task Change: None,
Task 2: Monitor Well Installation, Development, and Groundwater Sampling
Net Task Change: None.
Task 3: Soil Management Plan Implementation and Waste Soil Disposal
Net Task Change: $15,000 increase.
The remaining funds in Task 3 are currently around $15,000. However, these funds will be re-
allocated to the new Task 5 in order to expedite the proposed sampling in Task 5_ Since several
activities outlined in the SMP Addendum have yet to be implemented, additional funds will be
necessary for oversight associated with the SMP Addendum implementation. Therefore, an
additional $15,000.00 is requested for Task 3.
Task 4: General Consulting — Provide Assistance to Project Coordinator for Ongoing
Deliverables
Net Task Change: $10,000 increase.
j source.com
574.232.4388 260,422.2522
574.23.7762
Scope of Work Changes and Cost Adjustments
Beck's Lake NPL/LaSalle Park Area
Attn: Stephanie Steele August 1, 2019
The existing PSA (including the scope and cost changes with the First Amendment dated November
13, 2018) included costs for general consulting through June 2019. 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
December 2019:
• Senior Geologist @$130/hour — estimated 77 hours for July 2019 through December 2019 at
direction of the Project Coordinator.
Task 5 (New Task): Soil Sampling to Define Areas of Concern
Net Task Change: $35, 000" funding including costs for field labor, field supplies, laboratory analysis,
data validation, surveying, document preparation, and project management.
Per a meeting with EPA and City of South Bend representatives on July 2, 2019 at the EPA Region
V Offices in Chicago, Illinois, the EPA expressed concern over potential lead exposure to park visitors
from surface and near surface soil at the LaSalle Park Area portion of the Beck's Lake NPL Site. In
particular, the EPA (under a new project management team) requested the excavation, disposal, and
backfill of three areas which had previously indicated lead concentrations in surface soils, obtained
from the interval of 0.0'-0.5' below grade level (bgl), in excess of 400 mg/kg (i.e., EPA residential
direct contact exposure level). In order to better define the extent of lead impact in the three areas of
concern, JPR proposes to collect up to twelve, evenly spaced soil samples, across each of the three
areas of concern as indicated on Figure 1. Each discrete soil sample will be collected from a depth
of 0'-1' bgl using a manually operated soil sample probe. It should be noted that the previous 2016
surface soil sampling event (on which the EPA remediation request is based upon) was completed
at a frequency of four samples per acre and only included sample depths of V-0.5' bgl. Subsequent
subsurface soil sampling began no shallower than 1' bgl. This proposed sampling will eliminate the
data gap for the interval of 0.5'-1' bgl and should significantly reduce the size of the areas for which
remediation is requested by the EPA. Therefore, a total of 39 discrete soil samples (including three
duplicates) will be collected from depths of V-1' bgl across the three areas of concern for analysis of
total lead. Up to two equipment rinseate samples will also be collected and analyzed for total lead.
The EPA also requested up to twenty acres of LaSalle Park be capped with a one -foot thick cover of
clean fill and topsoil. The area of requested cap material corresponds with the area of LaSalle Park
which had historically been filled with various materials including foundry sand, slag, and
miscellaneous construction debris. Only one of the surface soil samples (obtained from a depth of
0.0'-0.5' bgl) collected in 2016 from the "fill area" exhibited concentrations of lead in excess of the
400 mg/kg residential direct contact exposure level. However, since some near surface soils obtained
from depth intervals of V-2% V-3', and V-4' collected during the 2016 sampling in the "fill area" did
exhibit lead concentrations in excess of 400 mg/kg, the EPA is assuming the entire 20-acre "fill area"
would require a one -foot cap to protect park visitors from potential lead exposure. Preliminary EPA -
estimated costs for the capping of the 20-acre "fill area" is in excess of 1.2 million dollars.
In order to reduce the area for which a cap would be needed, JPR plans to collect surface soil samples
from the interval of 0.0'-0.5' and near -surface soil samples from the interval of 0.5'-1.0' bgl across the
entire 20-acre "fill area". The sample locations will correspond to the exact locations which were
utilized for the surface soil sampling conducted in 2016. Up to four composite soil samples will be
collected from each approximate one -acre section. The samples will be collected in the same manner
Scope of Work Changes and Cost Adjustments
Beck's Lake NPL/LaSalle Park Area
Attn: Stephanie Steele August 1, 2019
as the 2016 sampling event utilizing a 5-point composite method per sample but will be collected
specifically from the depth intervals of 0.0'-0.5' bgl and 0.5'-1.0' bgl in order to eliminate any surface
soil/near surface soil data gaps. Up to 168 composite soils samples (including 8 duplicates) will be
collected across the approximate 20-acre "fill area" for laboratory analysis of total lead. The samples
will be collected with individually wrapped single -use disposable scoops to eliminate the need for
sample equipment decontamination as well as the need for the collection and analysis of equipment
blanks. Proposed composite soil sample locations are depicted on Figure 1.
"Costs will be partially covered with existing funds (as of June 30, 2019) in the amount of
approximately $27, 000. The remainder will be made up with the additional funds requested
for Task 3 and Task 4.
The following is a summary of the overall cost adjustments:
Current Approved Costs.............................................................. $291,000
New Total Estimated Costs........................................................... $316,000
Net Contract Change (increase)....................................................... $25,000
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 Tro n
Fnvt onmental Project Manager
J:\Proposals\City of South Bend\Beck's Lake Project Scope of Work Changes and Cost Adjustments 07-22-2019..doc
3 1 P a g e
Scope of Work Changes and Cost Adjustments
Beck's Lake NPL/LaSalle Park Area
Attn: Stephanie Steele August 1, 2019
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: Date:
Printed name and title:
Business name:
Billing address;.
Billing/account manager:
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.
I 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.
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BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 08/07/2019
NameStpalanae Steele Department Legal
BPW Date August 13 2019 Phone ExtensionNEW rdnnffl�m
�In��e Prior to Submittal to Board '
BPW Attorney Z Attorney Name Clara McDaniels
Dept. Attorney EJ Attorney Name
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LJ Professional Services Agreement L Contract
Open Market Contract ® Amendment/Addendum
Bid Opening ❑ Bid Award
❑ Quote Opening E] Quote Award
❑ Proposal Opening E] C/O & PCA No.
] Chg. Order, No. Traffic Control
0 Other:
Recm rod Informati
❑ Proposal
❑ Special Purchase, QPA
❑ Req. to Advertise
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Resolution
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❑ Title Sheei
Company or Vendor Name Jones Petrie Rafinski
New Vendor
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❑ No
Project Name Beck's Lake NPL Site/LaSalle Park Area, South Bend, Indiana
ProjectNumber N/A .......................... .�..... �...._�.��_..�......._.......................w.
Funding Source Profession al Services -EPA
Account No. 226-0412-672-39-02
Amount NT.��_..�.��......__..� ... �.�................._.�.�.�.�........... n.�.._�.�.�.�.�.�........�._..
E $316,000
Terms of Contract Through December 231, 2019
Purpose/Description Task : Soil Mgmt Plan and Waste Disp._ ....RI��ation of ren�a�
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to new Task 5: Soil Sampling at LaSalle Park are of Beck's Lake NPL Site
Task 4: General Consultin to cover consultin throu h December 2019.
For Cingo Orders Onlyww� ....::
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Amount of ❑ Increase $
❑ Decrease
Previous Amount $
. ................... ww,,,,............................._._.
Increase
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Current Percent of Change: Decrease %� ......._.._ .......
New Amount $
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Increase %...................... ............. ....
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Total Percent of Change: Decrease....._/o) .................... ..„m
Time Extension Amount:
New Completion Date: