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HomeMy WebLinkAboutPSA -Conduct Water Works Semiannual Groundwater Sampling and Reporting - EnviroSolutions1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 28, 2020 Mr. William Karban EnviroSolutions '>ell Virclscllut:iof) SHIc.Hei RE: Professional Services Agreement Dear Mr. Karban: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 28, 2020, approved the above referenced agreement for water works semiannual groundwater sampling and reporting in the amount of $14,790. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR V ', SdW "r( ([i G Ir,if[s March 13, 2020 Sent via email to: msmith(&- southbendin.�zov Ms. Michelle Smith City of South Bend Water Works 830 N. Michigan Street South Bend, IN 46601 RE: Water Works 2020 Semiannual Groundwater Sampling and Reporting Proposal# 2-3402-20 Dear Ms. Smith: EnviroSolutions appreciates the opportunity to provide the City of South Bend this proposal for groundwater sampling and reporting services in the vicinity of Water Works facilities. This proposal has been developed after discussion and correspondence between EnviroSolutions and the City of South Bend. The scope of work is described below. SCOPE Task 1: Groundwater sampling EnviroSolutions will locate designated City of South Bend monitoring wells, open each well, gauge depth to groundwater, use low flow sampling procedures to collect groundwater samples, and submit the samples for analysis of select parameters. The list of monitoring wells and their analytical parameters are listed here: Spring - 30 wells total: North Station (Spring and Fall) (only collectfield parameters): MW-ls, MW-lm, and MW-ld South (Spring and Fall) (collect field parameters and submit samples to EuroFins for analysis of VOCs and Chloride, and to City lab for Ammonia and Nitrate): CA-MW-1, MS-004s, MS- 004m, MS-004d, CA-PZ-1, CA-PZ-2, CA-PZ-4, PW-I, PW-2, SMW-3s, SMW-3m, SMW-3d, SMW-4s, SMW-4m, SMW-4d, SMW-5s, SMW-5m, and SMW-5d Pinhook (Spring ONLY) (collect field parameters and submit samples to EuroFins for analysis of VOCs): PMW-03As, PMW-03Am, PMW-03Ad, PMW-03Bs, PMW-03Bm, and PMW-03Bd Fall - 35 wells total: Cleveland Road (Fall ONLY) (collect field parameters and submit samples to City lab for analysis ofAmmonia & Nitrate, and to EuroFins for Chloride analysis): MW-ls, MW-lm, MW-ld, MW-2s, MW-2m, MW-2d, MW-3s, MW-3m, and MW-3d North Station (Spring and Fall) (only collectfield parameters): MW-ls, MW-lm, and MW-ld South (Spring and Fall) (collect field parameters and submit samples to EuroFins for analysis of VOCs and Chloride, and to City lab for Ammonia and Nitrate): CA-MW-1, MS-004s, MS- 004m, MS-004d, CA-PZ-1, CA-PZ-2, CA-PZ-4, PW-I, PW-2, SMW-3s, SMW-3m, SMW-3d, SMW-4s, SMW-4m, SMW-4d, SMW-5s, SMW-5m, and SMW-5d Olive (Fall ONLY) (collect field parameters and submit samples to City lab for analysis of Ammonia and Nitrate and to EuroFins for VOCs and Chloride): MW-1-40 and MW-13-40 During the low flow sampling process, EnviroSolutions will record the stabilization of the following geochemical parameters: pH, ORP, D.O. (dissolved oxygen), conductivity, and turbidity. EnviroSolutions will preserve, package, and deliver the samples to the City of South Bend laboratory and the Eurofins Eaton Analytical laboratory in South Bend, IN, under chain of custody for analysis of volatile organic chemicals, chloride, ammonia, and nitrate. Analytical costs are not included in this proposal. Groundwater sampling events will be conducted in April and October of 2020. Task 2: Data consolidation and Dresentation EnviroSolutions will reduce all field and laboratory analytical data collected during groundwater sampling activities. We will incorporate the results into the databases EnviroSolutions developed for the City of South Bend municipal source groundwater monitoring program. The databases allow for trend analysis and comparison to state and federal screening levels. EnviroSolutions will describe the field operations and present the results in a brief report for the City of South Bend. Reports will be submitted in May and November of 2020. COST The estimated costs for labor and materials to complete the requested tasks based on our current understanding is $14,790.00. If costs change based on actual site conditions, EnviroSolutions will seek approval from the City of South Bend prior to proceeding. These costs do not include laboratory analytical services. TIMELINE Services will be scheduled immediately upon receipt of a completed proposal acceptance form. After receipt of the proposal acceptance form, EnviroSolutions will complete the requested work under the schedule mandated by City of South Bend. As stated above, the intended schedule for groundwater sampling activities to occur in April and October of 2020. Summary reports will be submitted to the City of South Bend in May and November of 2020. The City of South Bend may use the reports as needed. Thank you for the opportunity to provide services to the City of South Bend. If you have any questions in the meantime, please contact me by email: bkarbanL&envirosolutionsinc.net. Sincerely, EnviroSolutions, Inc. William J. Karban Senior Geologist BOARD OF PUBLIC WORKS Gary A. A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member Therese J. Doran, Member Jordan V. Gathers, Member ATTEST: EZIA'Ar L`Ti1717Y Linda M. Martin, Clerk PROPOSAL ACCEPTANCE SHEET Description of Services: Water Works 2020 Semiannual Groundwater Sampling Proj ect Name/Client Name: City of South Bend Project Location: Various locations, South Bend, IN Proposal No. and Date: Proposal # 2-3402-20, March 13, 2020 Your signature or an authorized representative's signature on this form will provide authorization for Enviro Solutions, Incorporated (EnviroSolutions) to proceed and constitutes acknowledgment of the scope of work and time and materials costs of $14,790.00. Please indicate this choice in the "special instructions" blanks below. Authorized Representative Signature FOR PAYMENT OF CHARGES: Charge Invoice to the Account of - Finn StreetAddress ZipCode Attention FOR APPROVAL OF CHARGES: Send Invoice To: Firm Street Address Attention If invoice is to be mailed for approval space above. Invoices for completed projects unless otherwise agreed. SPECIAL INSTRUCTIONS Telephone Zip Code Telephone to someone other than the account charged, please indicate in the work will be issued every four weeks for continuous or extended EN V IROSOLUTIONS. INCORPORATED GENERAL TERMS AND CONDITIONS L SCOPE OF WORK EnviroSolutions, Incorporated (EnviroSolutions) shall perform the services defined in this contract and shall invoice the Client for those rates shown on the attached fee schedules. Any estimate of cost to the Client as stated in this contract shall not be considered as a fixed price, but only an estimate (unless otherwise specifically stated in this contract). EnviroSolutions will provide additional services under this contract as requested by the Client and invoice the Client for those additional services at the listed standard rates. The prices shown will be valid for ninety (90) days unless otherwise stated in the proposal. IL RIGHT OF ENTRY The Client will provide for right of entry of EnviroSolutions personnel and all necessary equipment to the project site or sites, in order to complete the work. III. INVOICES EnviroSolutions will submit invoices to Client as final bill upon completion of services. Invoices will show charges as detailed on the enclosed project cost estimate. Standard invoicing occurs at monthly intervals. Should the duration of the project exceed one month, the dollar amount invoiced will reflect the percentage of the scope of work completed. No work will be completed beyond the scope of work outlined in the project proposal without authorization from the client. Any charges associated with work completed beyond the scope of work outlined in the proposal will be invoiced as a separate charge to the Client, accompanied by documentation of Client approval. There shall be no retainage, unless otherwise agreed upon in the contract. Payment is due within (35) days after the receipt of invoice and interest charges will start thirty (30) days from invoice date. Any reasonable attorney's fees, collection fees or other costs incurred in collecting any non -disputed delinquent amount shall be paid by Client. The Client agrees to pay EnviroSolutions for its services in accordance with the above agreement, regardless of whether or not he has been paid by his Client. IV. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by EnviroSolutions, as instruments of service, shall remain the property of EnviroSolutions. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatsoever. EnviroSolutions will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to the Client at all reasonable times. V. DISPUTES In the event that a dispute should arise relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorneys fees and other claim related expenses. VI. STANDARD OF CARE Services performed by EnviroSolutions under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other warranty, express or implied, is made. VIL TERMINATION This Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms herein. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. In the event of termination, EnviroSolutions shall be paid for services performed to the termination date plus reasonable expenses to demobilize. In the event of termination, or suspension for more than three (3) months, prior to completion of all reports contemplated by this Agreement, EnviroSolutions may complete such analysis and records as are necessary to complete a report on the services performed to date of notice of termination or suspension. The expenses of termination or suspension shall include all direct costs of EnviroSolutions in completing such analysis, records and reports. VIIL ASSIGNS Neither the Client nor EnviroSolutions may delegate, assign, sublet or transfer its duties or interest in this Agreement without the written consent of the other party. Furthermore, this agreement contains each and every agreement and understanding between the parties relating to its subject matter. It may not be altered or amended except in writing and signed by both the Client and EnviroSolutions. IX. CONFLICTS Should any element of the Terms and Conditions be deemed in conflict with any element of the contract referenced above, unless the contract clearly voids the conflicting element in the Terns and Conditions, wording of the Terms and Conditions shall govern. Any element of this agreement later held to violate a law or regulation shall be deemed void, but all remaining provisions shall continue in force. X. SAFETY EnviroSolutions is only responsible for the safety on site of its own employees and subcontractors. However, this shall not be construed to relieve Client or any of its contractors from their responsibilities for maintaining a safe job site. Neither the professional activities of EnviroSolutions employees and subcontractors shall be construed to imply EnviroSolutions has any responsibility for any activities on site performed by personnel other than EnviroSolution's employees or subcontractors. XI. DELAYS IN WORK EnviroSolutions will pursue the work in an efficient and expeditious manner consistent with good quality practices. EnviroSolutions will not be responsible for delays in the work caused by Client or its agents, consultants, contractors or subcontractors. Stand-by or non- productive time for delays in our work caused by Client will be charged as work time unless provided for as a separate item in the contract or other mutually agreed upon contract. XIL CONSEQUENTIAL DAMAGES Client shall not be liable to EnviroSolutions and EnviroSolutions shall not be liable to Client for any consequential damages incurred by either due to the fault of the other, regardless of the nature of this fault, or whether it was committed by the Client or EnviroSolutions, their employees, agents or subcontractors. Consequential damages include, but are not limited to, loss of use and loss of profit. XIIL FAILURE TO FOLLOW RECOMMENDATIONS EnviroSolutions will not be held liable for problems that may occur if EnviroSolution's recommendations are not followed. Accordingly, Client waives any claim against EnviroSolutions, and agrees to defend, indemnify and hold EnviroSolutions harmless from any claim or liability for injury or loss that results from failure to implement EnviroSolution's recommendations, or from implementation of EnviroSolution's recommendations in a manner that is not in strict accordance with therm. Client also agrees to compensate EnviroSolutions for any time spent and expenses incurred by EnviroSolutions in defense of any such claim, with such compensation to be based upon EnviroSolution's prevailing fee schedule and expense reimbursement policy. XIV. DISPOSAL OF SAMPLES Samples of soil, rock, water, waste or other materials contaminated by hazardous substances, including asbestos, obtained from the project site are the property of the Client. EnviroSolutions shall retain such samples for no longer than thirty (30) calendar days after the issuance of any document that includes the data obtained from therm, unless other arrangements are mutually agreed upon in writing. It is the Clients responsibility to select and arrange for lawful disposal procedures which encompass removing the contaminated samples from EnviroSolution's custody and transporting therm to a disposal site. Accordingly, unless Client indicates otherwise within the thirty (30) day period referenced above, Client hereby instructs EnviroSolutions to make arrangements, as Client's agent, for proper transportation and disposal of samples with appropriate licensed parties. Due to the risks to which EnviroSolutions is exposed, Client agrees to waive any claim against EnviroSolutions, and to defend, indemnify and hold EnviroSolutions harmless from any claim or liability for injury or loss arising from EnviroSolutions service as Client's agent in arranging for proper transportation and disposal of contaminated samples. There may be extra costs involved in this disposal arranged by EnviroSolutions, especially if contaminated samples constitute a large quantity or the samples are contaminated with highly toxic and/or hazardous substances (i.e. PCBs, Dioxins, Cyanide, Pesticides, etc.). Client agrees to pay all transportation and disposal costs or EnviroSolutions will return samples to the project site. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4/21/20 Name Michelle Smith Department Water BPW Date 4/28/20 Phone Extension 5994 Required Prior to Submittal to Board BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for All Submissions ® Professional Services Agreement ❑ Contract ❑ 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 EnviroSolutions Yes ❑ If Yes, Approved by Purchasing No El MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Neos Water Works Semiannual Groundwater Sampling and Reporting Water Works Operating Fund 620.0640.602.31.06 $14,790 To conduct sampling on our groundwater monitoring wells and develop a report on the findings as part of our Wellhead Protection Plan. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change: New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Combletion Date: