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HomeMy WebLinkAbout6 A(3)O4SpUTfH jp`q,. Department of % Community Investment Memorandum Monday, December 9, 2013 TO: Redevelopment Commission FROM: Jitin Kain SUBJECT: Hill & Colfax Lot Purchase Agreement Attached to this memorandum is a professional services agreement by Jones Petrie Rafinski for Phase 1 Environmental Site Assessment for the Hill & Colfax property. On December 9, 2013, the Commission approved a purchase agreement to sell a parcel on the Northwest corner of Hill and Colfax to Colfax Hill Partners, LLC. As part of the purchase agreement, the Commission committed to providing a new Phase 1 Site Assessment. Staff requests approval of the attached proposal by Jones Petrie Rafinski in the amount of $1,700 from the South Bend Central Development Area TIF (SBCDA). 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND JONES PETRIE RAFINSKI THIS AGREEMENT is made effective the day of January, 2014, by and between the City of South Bend, Indiana, Department of Community Investment, acting by and through the South Bend Redevelopment Commission (the "City ") and Jones Petrie Rafinski having their principal place of business at 412 S. Lafayette Blvd., South Bend, IN 46601(the "Contractor "). For and in consideration of the mutual covenants and promises contained herein, the City and the Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid as set forth at Exhibit "A ". The total consideration under this Agreement shall not exceed the sum of One Thousand Seven Hundred and No /100 Dollars ($1,700.00). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest pursuant to Indiana Code §5 -17 -5. Section 3. Term. This Agreement shall be effective for a period of twelve (12) months commencing on January 16, 2014 (the "Effective Date ") and shall end on January 16, 2015 (the "Expiration Date "). Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval by the City. Section 6. Reversion of Assets. At the conclusion, cancellation, assignment or termination of this Agreement, all work product in whatever form, written, electronic, or otherwise, shall be delivered to the City, and the Parties hereby agree the City and not the Contractor or any of the Contractor's subcontractors or agents, has any ownership interest in the work performed as part of this Agreement. Section 7. Relationship /Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if applicable. Section S. Funding Cancellation and Payments. In accordance with I.C. 36 -1- 12.5- 5(d)(4), payments by the City are subject to appropriation by the South Bend Redevelopment Commission. Section 9. Non - Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he /she is the Contractor, or that he /she is the properly authorized representative, agent, member or officer of the Contractor, that he /she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. Section 10. E- Verify. The Contractor affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E -Verify program as defined in IC 22- 5- 1.7 -3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E -Verify program should the E -Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self - employed and does not employ any employees. The Contractor shall require his/her /its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E -Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate 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. Section 11. Minority and Womens Enterprise Diversity Development. 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, 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. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 12. Signing Authority. The person signing on behalf of the Contractor represents that he /she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 13. Drug -Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. Section 14. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. The Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation. Section 15. Entire Agreement. 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. (Remainder of page intentionally left blank) IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. JONES PETRIE RAFINSKI CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Printed Name an it e South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission Signature Page to Service Agreement by and between Redevelopment Commission and Jones Petrie Rafinski EXHIBIT A Scope of Services See Proposal by Jones Petrie Rafinski Dated 1/13/2014 Attached Hereto SIS Landscape Atchitect4ir°e> Renewable Energy * Architecture January 13, 2014 City of South Bend Department of Community Investment 227 W. Jefferson Blvd., Suite 1400 S South Bend, Indiana 46601 Attention: Mr. Jitin Kain, Director of Planning RE: PROPOSAL FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT, NORTHWEST CORNER HILL STREET AND COLFAX AVENUE DEVELOPMENT SITE, SOUTH DEND, INDIANA (PROPOSAL #JPRE14 -005) Dear Mr. Kain: Jones Petrie Rafinski (JPR) is pleased to submit this Proposal for performing a Phase I Environmental Site Assessment for the proposed development site located at the northwest corner of the intersection of Hill Street and Colfax Avenue, in South Bend, Indiana. The subject site, which has been identified for future development of a four -story, 22,000 sq. ft. mixed use facility, consisting of ground level retail and upper level apartments, is currently vacant, with no existing structures. We note that prior uses of the property have included a gasoline service station for which the former UST systems have reportedly been removed, and for which a previous Phase 11 Environmental Site Assessment has been completed (to be provided by the City of South Bend). According to information available from the Michiana Area Council of Governments (MACOG), Geographic Information System (GIS), with additional information obtained from Jones Petrie Rafinski completion of an ALTA/ACSM Land Title Survey, dated August 1, 2013, the subject site consists of three land parcels, as follows: PARCEL NUMBER ADDRESS OWNER ACREAGE 71- 08 -12- 204 - 020.000 -026 211 Hill Street Vacant parcel, larger portion is gravel covered, (City of South Bend) (0.11 acres) Burkhart Advertising sign present along Hill Street, at southeast corner of parcel 71- 08 -12- 204 - 019.000 -026 517 E. Colfax Ave. Vacant parcel, adjacent (west) paved alleyway (City of South Bend) (0.16 acres) with asphalt entry drive to parcel, existing ditch for stormwater drainage 71- 08 -12- 204 - 021.000 -026 529 E. Colfax Ave. Vacant parcel, larger portion is gravel covered (City of South Bend 0.22 acres Jones Petrie Rafinski understands that the completion of Phase I Environmental Site Assessment is being requested as part of the environmental due diligence process with respect to the proposed sale of the subject site by the City of South Bend, to Colfax Hill Partners, LLC (site developer). The Phase I Site Assessment is being performed specifically for the purpose of identification of any potential Recognized Environmental Conditions, environmental liabilities and potential clean -up costs prior to finalization of the proposed real estate transaction. jprl sourcecom . PROPOSED SCOPE OF SERVICES It is the intent of Jones Petrie Rafinski to perform the Phase I Environmental Site Assessment in general accordance with the American Society for Testing and Materials (ASTM) document ASTM E 1527 -05, which is considered consistent with the provisions of the EPA's All Appropriate Inquiry. The proposed Phase I Environmental Site Assessments will consist of the following components: • Records Review • Site Reconnaissance • Interviews • Reporting RECORDS REVIEW The purpose of the records review is to obtain and review records that will help identify environmental concerns in connection with the subject site. As part of this phase of the project, Jones Petrie Rafinski will attempt to obtain and review those records that are "reasonably ascertainable." For the purposes of this proposal, "reasonably ascertainable" information is defined as: (1) publicly available, (2) obtainable from its source within reasonable time and cost constraints, and (3) practically reviewable. The assessment will include a review, where available or applicable, of both Environmental and Historical sources. ENVIRONMENTAL RECORDS REVIEW The following publicly available listings will be reviewed: Standard Environmental Records Search Distance (Miles from Boundaries) Federal NPL Site list 1.0 Proposed NPL Site List 1.0 Delisted NPL Site List 1.0 NPL Liens List Target Property Federal CERCLIS List 0.5 Federal CERCLIS NFRAP List 0.5 Federal RCRA TSD Facilities List 0.5 Federal RCRA Generators Lists 0.25 Federal CORRACTS list 1.0 Federal ERNS list Target Property US Engineering /Institutional Controls Lists 0.5 US Brownfields List 0.5 EPA Consent Decree List 1.0 EPA Record of Decision List 1.0 State Hazardous Waste Site List 1.0 State Landfill and /or Solid Waste Disposal Site List 0.5 State Leaking UST List 0.5 State Registered UST List 0.25 State Spills List Target Property State Brownfields List 0.5 Indian Sites Lists 0.5 Manufactured Gas Sites 1.0 2 ADDITIONAL ENVIRONMENTAL RECORDS Additional state or local database listings will be reviewed as deemed appropriate. A comprehensive review of Indiana and /or federal regulatory files is beyond the scope of this Phase I Environmental Site Assessment. Jones Petrie Rafinski will review and summarize information on the subject site and adjoining properties made available through environmental records available through the Indiana Department of Environmental Management (IDEM) Virtual File Cabinet or FOI Request. PHYSICAL SETTING SOURCES A United States Geological Survey (USGS) 7.5 Minute Topographic Map will be reviewed to evaluate area topographic and surface drainage. At least one (1) additional physical setting source will be reviewed for information on the geologic, hydrogeologic, hydrologic, or topographic characteristics. HISTORICAL USE INFORMATION The purpose of consulting historical sources is to develop a history of the previous uses or occupancies of the site, and surrounding area, in order to identify those uses, or occupancies that are likely to have led to recognized environmental conditions in connection with the subject site. USES OF THE SUBJECT PROPERTIES Prior uses of the subject site will be identified from the present, back until at least the period of initial development using available "standard historical resources" listed below: Aerial Photographs Fire Insurance Maps Property Tax Files Recorded Land Title Records Local Street Directories This Proposal does not include a Chain -of -Title search. If others have recently completed a Chain -of- Title, Jones Petrie Rafinski will review the document for potential environmental concerns associated with prior ownership. USES OF PROPERTY IN SURROUNDING AREAS Using available resources, the history and /or general uses of properties in the surrounding area will be researched at a search distance and time period deemed appropriate given the findings of other portions of the assessment. Complete coverage using local street directories, Sanborn Fire Insurance Maps and potentially other historical records regarding the prior uses of the subject site and surrounding properties may be limited, not readily available, or may not even exist for review. SITE RECONNAISSANCE The purpose of the site reconnaissance is to observe current conditions at the site and obtain information indicating the likelihood of environmental concerns with the site. A reconnaissance will be performed for indications of waste handling or disposal activities that may pose a hazard to the subsurface environment. Jones Petrie Rafinski will require access to all areas, to the extent they are not obstructed by bodies of water, adjacent buildings, or other obstacles. We have assumed that access to all parcels and existing structures can be coordinated within a single mobilization. Unforeseen circumstances notwithstanding, only one (1) site visit will be made. INTERVIEWS Interviews will be conducted with knowledgeable persons to obtain direct, personal information regarding activities and /or operations which may have affected the environmental condition of the sites. Selected local regulatory and /or emergency response officials may also be interviewed regarding knowledge of past or present environmental problems or emergency responses at the site. IDENTIFICATION OF DATA GAPS Depending on the availability of certain resources for evaluating historical property uses, previous property owners (for interview) and other pertinent information; certain "Data Gaps" may be identified within our Report. Jones Petrie Rafinski will make determinations as to the potential impacts such Data Gaps have on conclusions as to the presence /potential presence of recognized environmental conditions. PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORTING Upon completion of the site reconnaissance, regulatory database and historical records review, a verbal summary will be presented. Our written Report of findings will include documentation to support the analysis, opinions and conclusions found in the Report, inclusive of referenced sources. If appropriate, recommendations for additional assessment (Phase II) will be made. Estimated costs and the specific scope of services for performing any Phase II recommendations will be submitted under separate cover. COST INFORMATION AND SCHEDULE Jones Petrie Rafinski proposes to perform the Phase I Environmental Site Assessment for a Lump Sum Fee of $1,700.00. Our Phase I Environmental Site Assessment Reports will be submitted within two weeks of receipt of Authorization to Proceed. A verbal summary will be made upon completion of the site reconnaissance effort and review of the regulatory database search information. If the project is ongoing, our services will be billed monthly. Payment is due upon receipt of our invoice. 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 so that any problem can be resolved quickly. AUTHORIZATION Jones Petrie Rafinski appreciates the opportunity to be of service to you on this project, and is prepared to commence work immediately upon your acceptance of this Proposal. Should you have any questions or require additional information, please contact me at (574) 232 -4388. If acceptable, please execute the Proposal by signature, where indicated and return a copy to my attention at (574) 232 -4333 or via email at cphifer(a-)_jpr1 source.com. Sinc lly, Conley B. Phifer, HMM Environmental Consultant J: \Proposals \COSB \Hill Colfax Development Site Phase I.doc 4 PROPOSALACCEPTANCE This Proposal (PROPOSAL FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT, NORTHWEST CORNER HILL STREET AND COLFAX AVENUE DEVELOPMENT SITE, SOUTH DEND, INDIANA, PROPOSAL #JPRE14 -005) is hereby accepted and authorization to proceed hereby granted: Accepted By: Printed name and title: Business name: Billing address: Billing /account manager: Date: 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. J: \Proposals \COSB \Hill Colfax Development Site Phase I.doc 5