Loading...
HomeMy WebLinkAboutPSA - LaSalle Park EPA Soil Mitigation Survey and Master Plan - Jones Petrie Rafinski1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 14, 2020 Chris Chockley Jones Petrie Rafinski 325 S. Lafayette Blvd., Ste. 200 South Bend, IN 46601 chockley@jprl source.com RE: Professional Service Agreement Dear Mr. Chockley: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 14, 2020, approved the above referenced agreement for the LaSalle Park EPA masterplan in the amount of $23,750. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to Ihensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit. CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS OR FOUNDRY PRODUCTS STATE OF (Must be completed for all quotes and bids. Please type or print) SS: COUNTY ) The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury that: 1. Contractor has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and 2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. a. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (1) use the credit to provides goods and services in Non -Collusion Non -Debarment Affidavit Non Iran Form 2017 the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Non -Collusion Non -Debarment Affidavit Non Iran Form 2017 Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (LC. 5-16-8-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this day of , 20 Contractor/Bidder (Firm) Signature of Contractor/Bidder or Its Agent Printed Name and Title Subscribed and sworn to before me this day of , 20 My Commission Expires Notary Public County of Residence Non -Collusion Non -Debarment Affidavit Non Iran Form 2017 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is entered into on April 14, 2020 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Jones Petrie Rafinski, an Indiana corporation with its Principal place of business located at 325 S. Lafayette Boulevard, Suite 200, South Bend, Indiana 46601 (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. 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 the Program Fee stated in the Proposal (the "Contract Amount") in accordance with the project budget stated in the Proposal. The City will pay the Contract Amount in installments upon invoicing by the Provider as set forth in the Proposal (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 sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18- 4, payments are subject to annual appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law 1 or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 5. Point of Contact. The City employee identified in Section 9 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: Jones Petrie Rafinski 325 S. Lafayette Blvd., Ste. 200 South Bend, IN 46601 Attn: Lily: City of South Bend, Indiana Venues Parks & Arts Department South Bend, IN Attn: Patrick Sherman 10. Equal Opportunity; Non -Discrimination; Compliance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new 2 employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 11. Contractor's Affidavit. The Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized representative will execute and submit to the City and any other appropriate bodies an affidavit in the form attached hereto as Exhibit B. 12. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 13. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana, and any dispute arising out of this Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different method of dispute resolution. 14. Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions. 15. Force Majeure. The Provider shall not be responsible for any failure or delay in the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers, labor disputes or governmental acts. 16. Counterparts. This Agreement may be executed in two or more counterparts, which together shall constitute one and the same agreement among the Parties. [Signature page follows.] 3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. JONES PETRIE RAFINSKI Signature Printed Name and Title 325 S. Lafayette Blvd., Ste. 200 Street Address P.O. BOX South Bend, Indiana 46601 City, State Zip 574 271-8921 Telephone Fax BOARD OF PUBLIC WORKS Gary A. Gilot, President q hhzabeth A. Maradik, Member Therese J. Doran, Metnber Jordan V. Gathers, Member Joseph R. Molnar, Member A t1;ST, �`-'irt�a CP (aniit Linda M. Martin, Clerk M EXHIBIT A Proposal [See attached.] 24203589.2 EXHIBIT B Contractor's Affidavit [See attached.] 24203589.2 JQ N E S R A F I N S K I Land 'iuiurv(.�Yhnq rIMI Eny4in eiihn q (.,V,'.'anrlin'D A,rcdhitecture , C°Gcrle ct. Furachi,,,'j ta4,, Environmental FN nennab e G,".naargy , lLanc .,al,)e Amrc air., t.ure April 3, 2020 Venues Parks and Arts 219 South St. Louis Boulevard South Bend, 46601 Attention: Mr. Aaron Perri, Director, Venues Parks and Arts. RE: PROFESSIONAL DESIGN SERVCIES FOR THE LASALLE PARK MASTER PLAN IN SOUTH BEND, INDIANA. Dear Aaron: Thank you for contacting Jones Petrie Rafinski (JPR) regarding the above referenced project. We have appreciated being able to be of service to you in the past and hope to be afforded the opportunity to provide you with our services for this project. UNDERSTANDING OF THE ASSIGNMENT The City of South Bend is currently working with the EPA on mitigating soil contamination issues at the LaSalle Park located near the Charles Black Center on West Washington Street in South Bend, Indiana. The EPA along with its consultants have identified zones of significant soil contamination and are developing plans on either to remove the existing soils within these hot zones and replace with 12" of top soil or to place a 12" topsoil cap over the existing soils. It is the desire of the City of South Bend and the Department of Venues Parks and Arts to have a topographic survey of the park property to better understand the existing conditions including the location of existing site features and trees. Once this topographic survey is completed, the City would then like JPR to review the soil mitigation recommendations prepared by the EPA in relationship to the existing site conditions and park facilities, such as the existing baseball/softball field, soccer fields, spectator areas, and existing vegetation. After the analysis is completed JPR is to provide recommendations for replacement and modifications to these park amenities. In addition, JPR is to also review the resulting grading and drainage within the park and provide recommendations for modifications to the proposed mitigation efforts. A conceptual grading plan may be required. Deliverables are to include the following: recommendation for modifications or improvements to the park amenities, fields, and spectator areas; possible revisions to the existing irrigation system; placement of new trees; and a list of recommended specifications that are to be prepared and provided to bidding contractors. This Master Plan will help to inform the EPA on how to approach the required soil mitigation efforts. SCOPE OF SERVICES ;3U(:Y f J'iaarcr �' rl<v ay, Suite, ,`(:Y :>%'; S. �..-af ayrrth.� E�Ivc:1. 108 W. C o< un .ala .`.~atF et yPo 9 source.corn E=.:Ikhart, IN 46516 South Bend, IN 46601 Fort Wayne, IN 4680: 574.293.7762 574,232,4388 260.422.2522 LaSalle Park Master Plan April 3, 2020 Page 2 of 5 Task 1 - Survey Activities: JPR will perform a topographic and boundary survey of the site to facilitate a full and accurate site design. The topographic survey activities will include the following: • Setting horizontal and vertical control. • Topographic limits are defined as the entire parcel. • Locating existing utility lines based upon locates performed by Indiana 811 Call Before You Dig. Please note that any private utilities that are not part of the Indiana 811 Call Before You Dig program will not be located by this company. If there are any private utilities located on this site you will need to contact that entity to have those utilities located. • Plot record deed lines based upon provided legal descriptions • Reduce all collected data to create an existing base map of the site for the Engineer to use in site design work and create a drawing of the same to be included in the eventual construction plan set. The following tasks will be performed by JPR in order to complete the Boundary / Certificate of Survey drawing: All research, calculations, drafting, and field surveys to complete a Certificate of Survey performed in accordance with Title 865, Article 1, Chapter 12 of the Indiana Administrative Code. Placing iron monuments as required at corners of the property where no monumentation is recovered. • Recordation of the survey in the Office of the Recorder of St. Joseph County, Indiana. The performance of the above noted items may require the following research at County offices: • Acquisition of original government survey notes and witness ties, and right-of-way information. • Locate and review of adjoining property owners' deeds to identify deeded gaps or overlaps or obvious discrepancies with adjoining deeded descriptions. • Obtain previously recorded surveys of your property and adjoining properties. Task 2 — LaSalle Park Master Plan: JPR will provide the following services for the LaSalle Park Master Plan: 1. JPR will attend a Master Plan Kick -Off meeting to discuss the project planning and planning goals. 2. Upon completion of the topographic survey, JPR will prepare a base plan that will include the EPA soil contamination and mitigation areas from which the site assessment and site improvement recommendations will be prepared. 3. JPR will review the proposed mitigation areas and how this will affect the site drainage. Recommendations on site grading will be provided. 4. JPR will prepare a Preliminary Master Plan to be presented to the City staff for input. Any input collected will be incorporated into the plans. 5. JPR will review the proposed site improvements and will prepare a list of necessary specifications and directives that are to be prepared for this project. These may include improvements to the existing irrigation system, recommendations for site clearing and placement of new soils, vegetation types and turf seed application rates, ball field renovations, etc. ESTIMATED FEES: The estimated total fee to provide the tasks outlined above are as follows: LaSalle Park Master Plan April 3, 2020 Page 3 of 5 Task 1 -Survey Activities (a) Area west of LaSalle Pond $7,550.00 (b) Area around LaSalle Pond $2,750.00 Task 2 — LaSalle Park Master Plan $13,200.00 Total Estimated Fees: $23,500.00 REIMBURSABLE EXPENSES: JPR estimates that Reimbursable Expenses required to obtain project approval may be approximately $250. Fees for plan submittal and review through LaGrange County Plan Commission are a part of these anticipated expenses. Anticipated Timeline: JPR will expend every possible effort on our part to move these tasks along in a productive and efficient manner. The project manager will continually update you during the entirety of our involvement. Exclusions: Please be advised that the services and fees quoted above do not include the following activities: • Out -of -scope services (work will not commence on any out -of -scope services unless and until approved by client) • Construction Document and Specifications • Bidding and Negotiation • Construction Administration Again, thank you very much for this opportunity, and we look forward to being of service. S' cerely, ris Choc 4Arcitecture LA, AICP Landscape Department Manager JAProposals\City of South Bend\2020\LaSalle Park Master Plan\2020-03-17_LaSalle Park Master Plan.doc LaSalle Park Master Plan April 3, 2020 Page 4 of 5 PROPOSAL ACCEPTANCE Please initial next to the tasks and/or alternates and then this proposal is hereby accepted and authorization to proceed is hereby granted: Accepted By: Printed name and title: Business name: Billing address: Billing/account manager: Date: Phone No.: Fax No.: E-mail: 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: j:\proposals\city of south bend\2020\lasalle park master plan\2020-03-17_lasaIle park master plan.doc BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 04/08/2020 Name Patrick Sherman Department VPA BPW Date 04/14/2020 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Clara McDaniels Purchasing ❑ Check the Appropriate Item Tvbe — Reauired for All Submissions N Professional Services Agreement U Contract U Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Jones Petrie Rafinski ❑ Yes ❑ If Yes, Approved by Purchasing ® No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No Lasalle Park EPA Master Plan 1206-2020 Beck's Lake Legal Fund TBD $23,750.00 Per Services agreement This is for the survey and master plan for soil mitigation at LaSalle Park. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase Decrease Increase Decrease