HomeMy Public PortalAbout179-2017 - Metro - CBA- brownfield Grant ApplicationPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this _e'day of 2017, and
referred to as Contract No. 179-2017, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Public Works and Safety (hereinafter
referred to as the "City") and BCA Environmental Consultants, LLC, 7202 E 87th Street, Suite
110, Indianapolis, IN 46256 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional grant application submission services for
the Department of Infrastructure and Development of the City of Richmond, Indiana
("Department"), for the grant application being submitted to the Environmental Protection
Agency (EPA) for the Brownfields Assessment Grant application (hereinafter referred to as
"Grant" or the "Project").
The proposal of Contractor, dated October 12, 2017, is attached hereto as Exhibit "A", which
Exhibit consists of three (3) pages, and is hereby incorporated by reference and made a part of
this Agreement. Contractor shall perform all work and provide all services described on Exhibit
«A "
Contractor understands, acknowledges, and agrees that in the event City is awarded the EPA
Brownfields Assessment Grant, the City will be required to bid out any professional services
associated with the administration of said Grant and Contractor may not or might not be
considered for said bid. Contractor certifies that this understanding and agreement in connection
with any bid -out requirement is deemed and shall be deemed to be valid and binding
consideration for purposes of this Agreement. Contractor agrees that it shall have no other rights
or remedies and agrees it shall have no further rights or remedies in connection with the
application submission and shall hold the City harmless for any other claims, equitable remedies,
asserted rights, asserted obligations, or asserted liabilities whatsoever may occur. Contractor
certifies that is considered an "offeror" in accordance with any applicable non -collusion
provisions set forth in state public purchasing and contract codes and as such must abide by said
Indiana codes. Contractor further understands, acknowledges, and agrees that this Agreement
shall not be construed to apply to any third -party beneficiary status to any individual whatsoever.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
Contractor shall perform all work herein in a timely manner, conforming to all applicable
professional standards.
Contract No. 179-2017
Page 1 of 7
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION Il. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION AND CONSIDERATION
City shall pay Contractor a total sum not to exceed One Dollar and Zero Cents ($1.00) for
complete and satisfactory performance of the work required hereunder. Contractor further
agrees that the entirety of the acknowledgements and certifications made and agreed to by
Contractor as set forth in Section I above, are deemed and shall be deemed to be valid and
binding consideration for purposes of this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
completion of the Project. Contractor understands, acknowledges, and agrees that upon
completion of the Project, Contractor may not use any information provided by City to establish
any grant portal accounts nor shall it use the City's data universal number system number for any
other portals or accounts unless specifically authorized by the City.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
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c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
Page 3 of 7
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occurrence
Section 2.
E. Umbrella Liability
Property Damage
$1,000,000 each accident
$1,000,000 each occurrence
$2,000,000 each annual aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 each claim
$2,000,000 each annual aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of the Indiana Worker's
Compensation Law.
SECTION VIL COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor. If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the
Contractor will remain liable to the City for actual damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement
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that this certification is no longer valid, City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub -contractor, shall not discriminate
by reason of race, religion, color, sex, national origin or ancestry against any
citizen of the State of Indiana who is qualified and available to perform the work
to which the employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement. .
Page 5 of 7
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other parry, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
[Signature page to follow.]
Page 6 of 7
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: I?4
Vicki Robinson, President
Richard Foore,Member
. /� ,1&
•
Date:
APPROVED:
David M. S , ayor
Date: I (- Zd-
"CONTRACTOR"
BCA ENVIRONMENTAL
CONSULTANTS, LLC
7202 E 87 h Street, Suite 110
Indianapolis, IN 46256
go
Printed:
Title:
Date:
Page 7 of 7
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
Vicki Robinson, President
Richard Foore, Member
Anthony L. Foster, II, Member
Date:
APPROVED:
David M. Snow, Mayor
Date:
Page 7 of 7
"CONTRACTOR"
BCA ENVIRONMENTAL
CONSULTANTS, LLC
7202 E 87`' Street, Suite 110
Indianapolis, IN 46256
Printed: S00-Z .14*P*, (-,q ^,,6
Title: 7'132F-S (dj
Datc: %A 7 f 7
BCA Environmental Consultants, LLC
AIR • WATER • SOLID WASTE • BRO WNFILEDS • REMEDIA77ON SERVICES
October 12, 2017
Jack Cruse, Director
Department of Infrastructure and Development
City of Richmond
50 North 5th Street
Richmond, IN 47374
RE: U.S. EPA Brownfields Community -Wide Brownfields Assessment Grant Application,
City of Richmond, IN
Dear Mr. Cruse:
BCA Environmental Consultants, LLC (BCA) is pleased to present this proposal for the
preparation and submission of an application for a U.S. Environmental Protection Agency
(EPA) Brownfields Community -Wide Grant to inventory, characterize, assess, and conduct
planning (including cleanup planning) and community involvement related to brownfield sites
with hazardous material and petroleum contamination.
A brownfield site is defined as real property, the expansion, redevelopment, or reuse of which
may be complicated by the presence or potential presence of hazardous substances,
pollutants, contaminants, controlled substances, petroleum or petroleum products, or is mine -
scarred land. EPA's Brownfields Program provides funds to empower states, communities,
tribes, and nonprofits to prevent, inventory, assess, clean up, and reuse brownfield sites.
EPA provides Brownfields Assessment Grant funds to inventory, characterize, assess, and
conduct planning (including cleanup planning) and community involvement related to
brownfield sites.
Assessment grants provide funding for developing inventories of brownfields, prioritizing
sites, conducting community involvement activities, and conducting site assessments and
cleanup planning related to brownfield sites. Assessment grant funds may not be used to
conduct cleanups. The performance period for assessment grants is three years.
Per the EPA requirements, BCA will submit the grant proposal under the name of the City of
Richmond who will be the grant recipient, if selected. Applicants who submit an individual
assessment grant proposal may not apply for a coalition grant in the same year. The
application will outline how the City will incorporate sustainable and equitable reuse
approaches into their proposed Brownfield Assessment projects.
BCA proposes to complete the grant application at no cost to the client. Our current
schedule allows us to start the project immediately upon receiving your approval, and
complete the project by the EPA application submission of November 16, 2017.
Please return a signed copy of the enclosed Proposal Acceptance Sheet with the appropriate
information completed. BCA will start this project immediately upon approval.
7202 E 871h St., Suite 110
Indianapolis, IN 46256
Phone (317) 578-4233
Fax (317) 578-4250
616 S 41h St.
Elkhart, IN 46516
Phone (574) 522-1019
Fax (574) 522-0374
e-mail: bea(ii,)bcaconsultants.com (800) 291-1019
EXHIBIT PAGE I OF
Thank you for the opportunity to earn your business. Please call me at (317) 578-4233 should
you have any questions.
Sincerely,
Joel B. Markland
President
IEXHIBIT - A PAGE 2_OF
C
PROPOSAL ACCEPTANCE SHEET
Project Name: U.S. EPA Community -Wide Assessment Grant Application
City of Richmond. Indiana
Project Location: Richmond IN
Proposal Accepted by:
EXHIBIT_ PAGE pF _ EXHIBt` T` PAGE j'AIT
Printed Name & Tide Signature Date
Special instructions:
`EXHIBIT-f PAGE 3 OFF
CARTEBR OP ID: TJ
ACORO' CERTIFICATE OF LIABILITY INSURANCE
DATE/13/2 IY01 1113/27
7
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER
TCU Agency, LLC
426 Lincolnway East
Mishawaka, IN 46644
Mark A. Mondientz, CIC
NAME: CT Gary D. Wiesel
PHONE FAX
fAIC. No xc :574-256-6070(A/C, No): 574-252-2109
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIL #
INSURER A : ROCkhllI Insurance Com pang
INSURED BCA Environmental Consultants
INSURER B:Auto-Owners Insurance Company
18988
LLC
224 W Jefferson Blvd, Ste 204
INSURER C:
South Bend, IN 46601
INSURER D:
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADDLTYPEOFINSURANCE INsn
SUER
POLICYNUMBER
MM/DDIY Y
MM/DDNYY
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
S 2,000,00
CLAIMS -MADE OCCUR
ENVP00065000
02/01/2017
02/01/2018
PREMISES ClEa occurrence
$ 50,00
A
X
Polltion Liab
ENVP00065000
02/01/2017
02/01/2018
MED EXP (Anyone person)
$ 5,00
PERSONAL & ADV INJURY
$ 1,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,00
POLICY PEO- LOC
PRODUCTS - COMP/OP AGG
$ 2,000,00
$
OTHER.
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
a accident
$ 1000,00
r
BODILY INJURY (Per person)
$
B
ANY AUTO
731809200
07/29/2017
07/29/2018
BODILY INJURY (Per accident)
$
ALL OWNED X SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS X AUTOS(Per
J
PROPERTY DAMAGE
accident
$
S
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 5,000,00
AGGREGATE
$ 5,000,00
A
X
EXCESS LIAB
CLAIMS -MADE
ENVE00065100
02/01/2017
02/01/2018
DED I X I RETENTION $ 10000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LW3ILITY N
YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
09020363
07/29/2017
07/29/2018
X STATUTE ERH
E.L. EACH ACCIDENT
$ 1,000,00
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
N / A
E.L. DISEASE - EA EMPLOYEE
S 1,000,00
E.L. DISEASE - POLK:Y LIMIT
$ 1,000,00
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Prof Liability
ENVP00066000
02/01/2017
02/01/2018
Per Claim 1,000,00
RETRO DATE: 2/17/1999
Aggregate 1,000,00
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
PROOFOF
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PROOF OF INSURANCE ONLY ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
U 19SS-ZU14 AGUKU GUKFVKAI IUN. All ngnLs reservea.
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