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HomeMy WebLinkAboutAmendment to PSA - Additional EPA Requested Environmental Testing for Beck's Lake Site - Jones Petrie Rafinski Corp.n 1316 COUNTY -CITY BUILDING CV PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD " .'; FAX 574/ 235-9171 SOT M4 BEND. INDIANA 46601-1830 w w J116S CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS November 12, 2019 Mr. R. Joseph Trojan Jones Petrie Rafinski Corp. 300 Nibco Parkway, Suite 250 Elkhart, IN 46516 RE: Third Amendment for Professional Services Agreement Dear Mr. Trojan: The Board of Public Works, at its meeting held on November 12, 2019, approved the above referenced agreement for environmental testing in the amount not to exceed $71,1000. 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 THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Third Amendment to the Agreement for Professional Service (this "Third Amendment") is made on November 12, 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 300 Nibco Parkway, Suite 250, 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 entered into the Second Amendment to the Services Agreement on August 13, 2019, incorporating Scope of Work Changes and Cost Adjustments as set forth in the Second Amendment. D. The City and the Provider now wish to further amend the Services Agreement as set forth in this Third Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Third Amendment, the 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 Eighty -Seven Thousand One Hundred Dollars ($387,100) (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 C-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 Third Amendment shall remain in full force and effect. 3. This Third Amendment may be executed in multiple counterparts, each of which shall be deemed an original. 4. The undersigned person(s) executing and delivering this Third 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 WHEREOF, the Parties hereto have made and executed this Third Amendment to the Services Agreement as of the date first written above. CITY OF SOUTH BEND, INDIANA JONES PETRIE RAFINSKI CORP., BOARD OF PUBLIC WORKS an Indiana corporation 2 M wppJJ Gary A. Gilot„ President Signature R. Jose h Trpj Therese J. Dorau, Member Printed Name _Environmental Project Manager Genevi vc E. Millet, Member Title i-h ett �............................__ 11-4�2019 1 A, Maradik-,- ' ber Date ra O'Sullivan, Me -tuber ... M M L i da Martin Clcrk 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 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 as a Third 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 the Scope of Work of the Second Amendment to the PSA, Task 5 was added 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: $10, 000 increase. Due to an accounting error, approximately $10,000 of actual charges related to General Consulting (Task 4) where not updated in an internal cost tracking spread sheet for which the Second Addendum to the PSA was based thus indicating approximately $10,000 more than what was available. Approximately $10,000 allocated for Task 3 had to be moved to Task 4 to cover the shortfall. Therefore, an increase of $10,000 is requested for Task 3. Task 4: General Consulting — Provide Assistance to Project Coordinator for Ongoing Deliverables Net Task Change: $39, 000 increase. JpO source.c 574,232A388 260, 22.2 2.2 74,2 ,7762 Scope of Work Changes and Cost Adjustments Beck's Lake NPL/LaSalle Park Area Attn: Stephanie Steele October 29, 2019 The existing PSA (including the scope and cost changes with the Second Amendment dated August 13, 2019) included costs for general consulting through December 2019. Since the project is ongoing, general consulting will be necessary to assist the City of South Bend with EPA requirements. Remedial action is anticipated to be conducted at the subject site during the calendar year 2020. This remedial action will require additional costs related to general consulting. Therefore, the following cost adjustment includes anticipated general consulting costs through 2020: Project Manager/Senior Geologist @$130/hour — estimated 300 hours for January 2020 through December 2020 at the direction and prior approval of the Project Coordinator. Task 5: Soil Sampling to Define Areas of Concern Net Task Change: $22,100 increase (including costs for field labor, field supplies, laboratory analysis, data validation, surveying, document preparation, and project management). The scope and costs associated with Task 5, as presented in the Second Amendment to the PSA (dated August 13, 2019), were based on a work plan developed following a meeting with EPA and City of South Bend representatives on July 2, 2019 at the EPA Region V Offices in Chicago, Illinois. At the meeting, 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. Following EPA's and IDEM's recent review of the work plan, additional sampling and analysis was requested by the agencies. The number of soil samples in the areas of concern were doubled resulting in an increase of the original costs as follows: Additional field labor — Geologist 32 hours @ $95/hour Additional field labor and project management — Project Manager 62 hours @$130/hour Additional laboratory analysis and data validation - $9,880 The following is a summary of the overall cost adjustments: CurrentApproved Costs .............. ................ .»»...................... ........ $316,000 NewTotal Estimated Costs ........................ .......... ....... »».............. — $387,100 NetContract Change (increase)..........,.............................».............». $71,100 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. Should the ground be frozen, such that soil sampling via manual sampling tools is not possible, a drilling rig will need to be utilized. The use of a drilling rig will add an additional cost of approximately $2,500 per day. 21 Page Scope of Work Changes and Cost Adjustments Beck's Lake NPL/LaSalle Park Area Attn: Stephanie Steele October 29, 2019 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, 'Il" R. J Z,eph Tro' n Envental Project Manager J:\Proposals\City of South Bend\Beck's Lake Project Scope of Work Changes and Cost Adjustments 10-29-2019.doc 3 1 P a g e Scope of Work Changes and Cost Adjustments Beck's Lake NPL/LaSalle Park Area Attn: Stephanie Steele October 29, 2019 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: 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. / 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. 41 age BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11 /04/ 19 Name Stephanie Steele Department Legal Ext.5857 BPW Date 11/12/19 Phone Extension �� �ea�l�d Pnor to Submittal to Board __ ..._ . _. _... ........ ....... ........ ....... BPW Attorney Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Clara McDaniels Purchasing ❑ ._........-_...... ............. _ .. ... Checkthe e Alx°oprite Item.',I,' ll r All Submissions El Professional Services Agreement ❑ Contract ❑ Proposal Open Market Contract ® Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Shee Quote Opening ❑ Quote Award Reject Bids/Quotes El Proposal Opening El C/O & PCA No. PCA ❑ Chg. Order, No. ❑ Traffic Control Resolution JD_Qther. [❑ Ease./Encroach eg61, red Information Company or Vendor Name Jones Petrie Rafinski New Vendor - Yes [ If Yes Approved by Purchasing ® No MBE/WBE Contractor WBE Completed E-Verify Form Attached ® Yes No Project Name Beck's Lake NPL Site/LaSalle Park Area, South Bend, Indiana Project Number 2018-0225 Funding Source w ........... ____ ............. Professional Services - EPA Account No. �._.........._........._w_ .. .... ................... 226-0412-672-39-02 Amount NTE.$71,100.00 .�_..._..............�_ ......._......._....mw__ .�............................ ..._ 10 Terms of Contract Throu�December 2020 ................ Purpose/Description Task 3: Soil Management Plan Implementation and Waste Soil Disposal. In10 000 from Task 3 tc Task 4. Task 4: Provide Assistance to Project Coordinator for Ongoing_ Deliverables - Increase b $39 000 to cover consultin through December 2020, Task 5: Soil Sampling to Define Areas of Concern — Increase by. $.�2 100 (incl. costs for field labor, field su lies labo atory a��a� s� ,data . 22, �... P1? r y_ is -- val,idation, surveying, document_p eparation, and_project management to double number of soil samples in the areas of concern per request of EPA Re ,ion. V Offices, Amount of Previous Amount Current Percent of Change: New Amount Total Percent of Change: Increase Decrease Increase % Decrease Increase % Decrease ( %