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Home My WebLink AboutAmendment No 5 to PSA - Beck’s Lake Remediation Work – Jones Petrie Rafinski Corporation1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS January 24, 2023 Mr. R. Joseph Trojan Jones Petrie Rafinski Corporation 325 South Lafayette Blvd. South Bend, IN 46601 rheiden@JprI source. com RE: Amendment No. 5 to Professional Services Agreement Dear Mr. Trojan: At its January 24, 2023, meeting, the Board of Public Works approved the above referenced amendment for Beck's Lake/LaSalle Park Remediation Work, Project No. 120-053 in an increased amount of $140,410.28, bringing the revised agreement amount to $681,233.28. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES This Fifth Amendment to the Agreement for Professional Service (this "Fifth Amendment") is made on January 10, 2023 (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 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 entered into the Third Amendment to the Services Agreement on November 12, 2019, incorporating Scope of Work Changes and Cost Adjustments as set forth in the Third Amendment. E. The City and the Provider entered into the Fourth Amendment to the Services Agreement on June 22, 2021, incorporating Scope of Work Changes and Cost Adjustments as set forth in the Fourth Amendment F. The City and the Provider now wish to further amend the Services Agreement as set forth in this Fifth Amendment. NOW, THEREFORE, in consideration of the mutual promises and obligations in this Fifth Amendment, the Fourth Amendment, the 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. Services. Add Exhibit E-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. 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 Six Hundred Eighty One Thousand Two Hundred Thirty- Three and 28/100 Dollars ($681,233.28) (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 City 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. 3. Each and every other provision of the Services Agreement, as amended, 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, as amended, and not affected by this Fifth Amendment shall remain in full force and effect. 4. This Fifth Amendment may be executed in multiple counterparts, each of which shall be deemed an original. 5. The undersigned person(s) executing and delivering this Fifth Amendment on behalf of the Parties represent and certify that s/he has been full empowered to execute and deliver this Fifth Amendment. IN WITNESS WHEREOF, the Parties hereto have made and executed this Fifth Amendment to the Services Agreement as of the date first written above. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member �pl Joseph R. Molnar, Vice President Jordan V. Gathers, Member JONES PETRIE RAFINSKI CORP., an Indiana corporation ---�>, 27 Si e Printed Name Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk 4!5�1 Date: January 24, 2023 Title �l�zl�z3 Date J O N E S P E T R I E R A F I N S K I Land Surveying - Civil Engineering - Planning - Architecture - Project Funding - GIS - Environmental - Renewable Energy - Landscape Architecture December 22, 2022 City of South Bend Legal Department 227 West Jefferson Boulevard #1200 South Bend, Indiana 46601 Attn: Sandra Kennedy, 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. Sandra Kennedy: Jones Petrie Rafinski Corp. (JPR) is pleased to submit this Scope of Work Changes and Cost Adjustments as a fifth amendment to the original 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), general consulting services (Task 4) and soil sampling to define Areas of Concern (Task 5) for the Beck's Lake NPL Site/LaSalle Park Area project. SCOPE OF WORK CHANGES BY TASK WITH COST ADJUSTMENTS Task 1: Waste Delineation Outside of the LaSalle Park Area (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 Oversight of Waste Soil Disposal Net Task Change: $42,650.20 increase. The City of South Bend had approved the "Contract Documents and Specifications for Beck's Lake/LaSalle Park" (Project No. 120-053) which is the bid package for implementing the Time -Critical Removal Actions (TCRA) related to multiple areas of the Beck's Lake/Lasalle Park NPL Site as required by the EPA. The approved activities included sod, soil, and tree removal as well as the placement of additional fill sand and topsoil. The field work related to the TCRA was completed on December 21, 2022. However, additional renovations to the Beck's Lake/LaSalle Park are planned for the near future. As per the EPA -approved Soil Management Plan (SMP), the air must be monitored for particulate contaminants of concern (COCs) during any soil disturbance at the site. Any soil excavated must be removed from the site and transported directly to an EPA -approved landfill for proper disposal. In addition, all soil brought to the site must be determined to be free of COCs via laboratory analytical testing (at concentrations above regulatory limits) prior to placement on the site. 300 Nibco Parkway, Suite 250 325 S. Lafayette Blvd. 222 Pearl Street jpr1 source.com Elkhart, IN 46516 South Bend, IN 46601 Fort Wayne, IN 46802 574,293.7762 574.232.4388 260.422.2522 Scope of Work and Cost Proposal for Beck's Lake NPL/LaSalle Park Area December 22, 2022 Page 2 of 3 The associated additional costs for Task 3, through December 2023, are as follows: Field Labor for Soil Removal/Placement Oversight With estimated field activities duration of six weeks Env. Project Manager ($140/hr @ 120 hours).................................................$16,800.00 Field Technician ($95/hr @ 30 hours)...........................................................$ 2,850.00 Laboratory Analysis of Backfill Soil Samples for TAIL Metals, VOCs, SVOCs+PNA SIM, Pesticides, PCBs for 10 samples @ $642.62/sample.................................................................................. $ 6,426.20 Level IV QA/QC Package..........................................................................$ 642.62 Third Party Data Validation........................................................................$ 3,015.00 Air Monitoring Equipment Rental ($1,404.10/wk for 4 weeks) .............................$ 5,616.38 Survey of Excavation and Backfill Extents .....................................................$ 5,000.00 Project Documentation and Soil Management Plan Modifications .......................$ 2,300.00 Task 3 Subtotal...............................................$42,650.20 Task 4: General Consulting - Provide Assistance to Project Coordinator for On -Going Deliverables Net Task Change: $46,200 increase The existing PSA dated August 10, 2021, included costs for general consulting through December 2021. Since the project is ongoing, general consulting is necessary to assist the City of South Bend with EPA requirements. A full year lapsed with no adjustment to the Task budget. In addition, the EPA requested numerous scope and requirement changes. The project exhibited a budget overage (through November 2022) of $51,560.08 (approximately 9.8% over budget). Therefore, the following cost adjustment includes anticipated general consulting costs from November 2022 through December 2023: • Environmental Project Manager @$140/hour — estimated 330 hours for November 2022 through December 2023 at direction of the EPA -assigned Project Coordinator. 0 Overage $51,560.08 added to new budget through 2023. Scope of Work and Cost Proposal for Beck's Lake NPL/LaSalle Park Area December 22, 2022 Page 3 of 3 Task 5: Soil sampling to Define Areas of Concern Net Task Change: None. The following is a summary of the overall cost adjustments: Current Approved Costs.............................................................. $540,823.00 New Total Estimated Costs........................................................... $681,233.28 Net Contract Change (increase).......................................................$140,410.28 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 e h Tro' r� E-rP Env roe: Project Manager BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 1/11/23 Name: Michael J Schmidt Department of Public Works — Engineering Division BPW Date: 1/24/23 Phone Extension: Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ Mickey Low Michael Schmidt 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 Special Contract Provisions Purpose/Description Information Jones Petrie Rafinski ❑ Yes[:] If Yes, Approved by Purchasing ❑ No Yes ❑ WBE Completed E-Verify Form Attached ❑❑ No 51h Amendment to Professional Services Agreement 226-04-405-412-431016 PO #10752 Add additional $140,410.28 Beck's Lake Remediation Work For Change Orders Only Amount of ® Increase $ 140,410.28 ❑ Decrease ($ ) Previous Amount $ Current Percent of Change New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: