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HomeMy WebLinkAboutAmendment No 1 to PSA - Drewry's Brewery Cleanup, Phase III -Proj No 119-031E - DLZ Indiana1316 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 July 22, 2025 Mr. Mattieu D. Doyle DLZ Indiana, LLC 2211 East Jefferson Blvd. South Bend, IN 46615 mdo legdlz.com RE: Amendment No. 1 to Professional Services Agreement Dear Mr. Doyle: At its July 22, 2025 meeting, the Board of Public Works approved the above referenced amendment for additional sampling and analysis plans for the entire site and phase II of Drewry's Brewery Cleanup, Phase III, Project No. 119-031E in the amount of $88,640 with a new adjusted total of $399,640. 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, Is/Hillary Horvath Hillary Horvath, Clerk Enclosures HH ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou This is EXHIBIT K, consisting of 5 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated May 13, 2025. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1 1. Background Data: a. Effective Date of Owner -Engineer Agreement: May 13, 2025 b. Owner: Board of Public Works, City of South Bend, Indiana C. Engineer: DLZ Indiana, LLC d. Project: 119-031E Drewry's Brewery Cleanup, Phase III — Site Restoration 2. Description of Modifications: A. The Scope of services currently authorized to be performed by the Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: 1) Sampling and Analysis Plan Preparation - North & South Areas a) DLZ will prepare two separate sampling and analysis plans (SAP) for the former OmniPlex property located at 1408 Elwood Avenue in South Bend, St. Joseph County, Indiana 46628, (Brownfield #4000022). One will pertain to the southern portion of the Site and the second will pertain to the norther portion. Refer to Figure 1. b) Each SAP will include the proposed assessment activities (Phase II Investigation) to evaluate subsurface conditions and potential environmental impacts. c) Each SAP will include proposed soil and groundwater sampling requirements. d) DLZ will prepare one Draft SAP for each area to be reviewed by the Owner. e) DLZ will revise each SAP based on Owner provided comments for submittal to IDEM for review. If IDEM has comments, DLZ will revise each SAP for final submittal and IDEM approval. 2) Phase II Environmental Site Assessment (ESA) - South Area a) DLZ will oversee a Ground Penetrating Radar (GPR) survey prior to any environmental investigation, to assess the subsurface of the Site for miscellaneous debris, infrastructure or possible evidence of fill placement. The GPR survey will be conducted on a maximum grid spacing of 15 feet in the north/south and east/west directions covering the entire South Area if accessible. b) To assess subsurface soils for the presence of hazardous materials resulting from historical site usage as an industrial facility, 16 soil borings will be advanced to a depth of 25 feet bgs. Five groundwater samples will be sampled (one per acre), assuming groundwater is encountered. Due to the depth of Page 1 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. groundwater ranging from 17 to 20 feet bgs, soil borings may be advanced to a depth of 25 feet bgs. Soil boring locations will be selected based on historical reports and documentation and will be spaced appropriately so that analytical data is representative of the Site conditions. The number of borings and their locations may be subject to change based on accessibility, field observations, and the results of the GPR survey. Soil will be continuously logged and qualitatively evaluated for signs of contamination relative to other soil in the boring, as further described below. Soil sampling will then be performed to quantify levels of contamination, if encountered, at each soil boring location. Two soil samples are proposed for collection from each soil boring, for a total of 32 soil samples. c) Soil and groundwater samples will be analyzed for volatile organic compounds (VOCs), polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs), and RCRA 8 metals. A vapor intrusion investigation (soil gas sampling) is not currently proposed but may be warranted based on soil and/or groundwater sample results. Sampling is tentatively scheduled for Summer/Fall 2025. d) Upon receipt of laboratory data, DLZ will compile the data, generate scaled figures and complete a Phase II ESA report to summarize information obtained during execution of this Investigation. DLZ will compare data to IDEM's R2 Published Levels for soil and groundwater to evaluate site conditions for redevelopment including residential land use. The Phase II ESA report will be prepared to include necessary information for review by the Indiana Brownfields Authority and also Indiana Dept. of Environmental Management. DLZ anticipates that the Phase II ESA report may then be included along with other investigation results from sitewide assessments in a request for a final Comfort Letter to be issued by IDEM. B. Additional Services 1) Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, Owner's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond Engineer's control, shall require a change in work. 2) The additional services currently included in the Agreement and previous amendments, if any, are modified as follows: Phase II Environmental Site Assessment - North Area if required by IDEM. C. The responsibilities of Owner included in the Agreement and previous amendments, if any, are modified as follows: None D. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Page 2 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1) Unless otherwise noted, the Owner shall pay the Engineer on a Lump Sum basis an amount of $88,640.00 based on the following estimated distribution of compensation: Item Description Amount Type A.1 Sampling and Analysis Plan Preparation - South Area $8,000.00 Lump Sum A.1 Sampling and Analysis Plan Preparation - North Area $12,000.00 Lump Sum A.2 Phase II Environmental Site Assessment - South Area $68,640.00 Lump Sum Total, Not To Exceed $88,640.00 2) Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. 3) The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4) The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. E. The schedule for rendering the amended services is proposed as follows: Anticipated Notice to Proceed date is July 22, 2025 Sampling and Analysis Plan - South Area Approved by IDEM on June 27, 2025 Sampling and Analysis Plan - North Area 21 days after NTP Phase II ESA - South Area 60 days after NTP Phase II ESA - South Area Report 14 days after Phase II ESA — South Area Phase II ESA - North Area* 60 days after IDEM approves North Area SAP Phase II ESA — North Area Report* 14 days after Phase II ESA — North Area *Contract Amendment Required F. Other portions of the Agreement (including previous amendments, if any) are modified as follows: None G. Agreement Summary (Reference only) a. Original Agreement amount: $_$311,000.00 b. Net change for prior amendments: $ $0.00 c. This amendment amount: $ $88,640.00 d. Adjusted Agreement amount: $ $399,640.00 The foregoing Agreement Summary is for reference only. Page 3 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is July 22, 2025. Owner: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Breana Micou, Member Murray L. Miller, Member ATTEST: Madeline Hostetler, Acting Clerk Date: July 22, 2025 Engineer: DLZ Indiana, LLC By: C . Title: UosephjC. Zwier nski, P ., CO Date: 07/09/2025 Engineer License or Firm's Certificate No. State of. Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 2211 East Jefferson Boulevard South Bend, Indiana 46601 South Bend, Indiana, 46615 Designated Representative (Paragraph 8.03.A): Eric Horvath Title: Executive Director Phone Number: (574) 233-0311 Facsimile Number: (574) 235-9171 E-Mail Address: ehorvatliksouthbendin.gov PE60020742 Designated Representative (Paragraph 8.03.A): Mathieu D. Doyle, P.E. Title: Project Manager Phone Number: 574-245-1664 Facsimile Number: N/A E-Mail Address: mdoyle@dlz.com Page 4 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. AB rights reserved. • .Figure 1 Area Limits 0 0 0 North SAP y -.Area Limits Ir a z y. y -�, - - Grove . South SAP Area & s Phase II ESA Limits ti -'` — e, /r u. P i f I n I. � / J 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/14/2025 Name Zach Hurst Department DPW BPW Date 07/22/2025 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information DLZ Indiana All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Yes U If Yes, Approved by Purchasing ® No ❑® MBE Completed E-Verify Form Attached ❑ Yes No Drewry's Brewery Cleanup, Phase III 119-031E RIF Loan PO-0037978 This change: $88,640; Revised Amount: $399,640 Terms of Contract Lump Sum, per task Purpose/Description PSA Amendment #1 adds in Sampling and Analysis Plans for the entire site and a Phase II assessment of the south area. For Change Orders Onl Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: Increase Decrease Increase Decrease New Completion Date: