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HomeMy WebLinkAboutAmendment to PSA - Lochmueller Group Inc - Phase I Design for LWE Corridor Improvements1316 COUNTY-CT�'y BuILDING, 227 W. JEFFERSON BouLEVARD S01 1111 REND. INDIANA 46601-1930 CITY orSOUTTi BEND PUE BUI-I'IGIEG, MAYOR BOARD OF PUBLIC WORKS August 14, 2018 Susan Al -Abbas Lochmueller Group, Inc. 130 S. Main Street South Bend, IN 46601 RE: Amendment to Professional Services Agreement Dear Ms. Al -Abbas: hicm-- 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on August 14, 2018, approved the above referenced amendment regarding the Phase I design for the Lincoln Way East corridor improvements in the amount of $78,600, for a new total of $525,450. 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- 925 1. Sincerely, Linda M. Martin, Clerk Enclosure bla, a—L, GARY A. Git,o'r SUZANNA M. HuTZ13ERG ELIZABE'rii A. MARADIK JAMELs A. MUELLER THERESE J. DORAU This is EXHIBIT K, consisting of 10 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 13, 2018. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1 1, Background Data: a. Effective Date of Owner -Engineer Agreement: February 13, 2018 b. Owner: City of South Bend, Indiana Board of Public Works c. Engineer: Lochmueller Group, Inc. d. Project: Lincoln Way East Corridor Improvements Ll17-0SS 2. Description, afModifications: b. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: a. Refer to Exhibit A, Part 1 and add the following: A1.04 ProjeciDesign A. Preliminary Design --- Phase 1 1. Upon written authorization fi-om Owner, Engineer shall: a. Prepare Preliminary Design Phase documents consisting of final design criteria, preliminary drawings, outline specifications, and written descriptions of the Project. b. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. c. Based on the information contained in the Preliminary Design Phase documents, prepare a revised opinion of probable Construction Cost, and assist Owner in collating the various cost categories which comprise Total Project Costs. 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. d. Perform or provide the following additional Preliminary Design Phase tasks or deliverables for the identified project limits and as determined from the Preliminary Design Alternatives analysis. The project limits along Lincoln Way East from the Sample Street to Twyckenham Drive for a total corridor length of approximately 3,970 feet to include: I) Design reconstruction of the north curbline to reduce the roadway width per the Preliminary Design Alternatives analysis 2) Design guardrail along Lincoln Way East in accordance with INDOT requirements 3) Design necessary drainage improvements for the reconstructed north curbline. Design to include improvements to the existing spillway located approximately 785' west of Twyckenham Drive. Limits of design to be above the ordinary high water mark. Drainage improvements for the existing south curbline are not included. 4) Design reconstruction of curb ramp at the NE corner of Sample Street and Lincoln Way East 5) Design pavement markings along corridor 6) Design Maintenance of Traffic for proposed construction 7) Design Erosion Control plans for proposed construction 8) Identify construction limits and right-of-way limits required for full build -out of the proj ect. e. Geotechnical services to be provided for analysis of the existing riverbank and soil conditions for the design of a boardwalk on Lincoln Way East. f. Furnish one 1 full size and two 2 11 x 17 review copies of the Preliminary Design Phase documents and any other deliverables to Owner within 14 calendar days of notice to proceed, and review them with Owner. Within 7 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Preliminary Design Phase documents and any other deliverables. 2. Engineer's services under the Preliminary Design Phase will be considered complete on the date when the revised Preliminary Design Phase documents, revised opinion of probable Construction Cost, and any other deliverables have been delivered to Owner. B. Final Design — Phase I 1. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner -directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: a. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. Page 2 (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. b. Provide technical criteria, written descriptions, and design data for Owner's use in filing applications for permits from or approvals of govermnental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. c. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. d. Perform or provide the following additional Final Design Phase tasks or deliverables: 1) Final Design Phase deliverables shall be as noted in A1.02 (6). e. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Review copies of the Final Design Phase documents shall be provided within 14 calendar days after receipt of Preliminary Design Phase comments from the Owner. Within 7 days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G, instructions for revisions. f. Revise the plans and bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit one 1 final copy of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 7 calendar days after receipt of Owner's comments and instructions. Additionally the following information shall be provided in Adobe Acrobat® .pdf format (latest version at the time of completion of the plans) on CD-ROM. 2. Engineer's services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.05.A.6 have been delivered to Owner. 3. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer's services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast -tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer's services during the Final Design, Bidding or Negotiating, Construction, and Past -Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. 4. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer's compensation has been established under this Agreement is one (1). If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. C. Phase 2 Page 3 (Exhibit K— Amendment to Owner -Engineer Agreement) -- Attachment 1) EJCDC E-500 Agreement BeWeen Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1. Phase 2 design scope to be provided at a later date. A1.05 Bidding or Negotiating Phase A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre -bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. 2. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5. if bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of this Exhibit A. 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.06 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: - Y - Y ,pip Y � 2. Resident Project Representative (RPR): DELETED P evi��ri DDD� Site to assist the Engineer- Evnd te pr-evide mere extensive ebsefvafien ef Gentmetef 's we Page 4 (Exhibit K — Amendment to Owner -Engineer Agreement) — Attachment 1) EdCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers far EJCDC. All rights reserved. a rr. a r II r NMI a I � I •. 1 1 IM IN ■ ■, ■ i i 4. Pre -Construction Conference: Participate in a Pre -Construction Conference prior to commencement of Work at the Site. r W W Y WNil I 7. Visits to Site and Observation of Construction: In connection with observations of Contractor's Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor's executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's Work in progress or to involve detailed inspections of Contractor's Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer's exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better cant' out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer's efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor's Work. in progress, supervise, direct, or have control over Contractor's Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, Page 5 (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. sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor's Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish or perform the Work in accordance with the Contract Documents. W a_ W Y Y Y Y ■ ■ 1 V Y Y ■ ■ w ■ • , i Y t 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, teclmiques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor's submittal schedule that Engineer has accepted. 12. Substitutes and "or -equal": Evaluate and determine the acceptability of substitute or "or - equal" materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of this Exhibit A. Y ■.......... 1 �14i-L!S Page 6 (Exhibit K — Amendment to Owner -Engineer Agreement) -- Attachment 1) EdCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright C 2008 rational Society of Professional Engineers for EJCDC. All rights reserved. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor's Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15.for Payntent., Based off Elngineef's f r-epfesefi�atien to Engineer-7 , point Y (s*eef te ft-n evaluation of the Work as a ftmefiefling Whole Prior to or- upeft Substantial Completion, to the results ef any s4sequei4 tests sailed for- ift the Geft4aet Deeiimentt so fiff as it is Engineers fesponsibility to ebsefve 7 , s Work. In the ease a ef quantities and elassifieetiefts of 7 Contyaetor-r-epr-eseftted that observations made by Engineer to eheek the quality or quantity —of 9 Engineer'sWork beyond the fespeftsibilifies speeifieafly assigned tO EflgiHeff in this Agr-eeffieI4 7 Engineer's iffeluding final payffiefft will impose an En --Msibility to s"efyise, 7 7 7 Y 7 7 Gen4aeter7s eompliffinee with Laws and Regulations appheable to , fiamishi — I . I mifig the Wark. R will also not impose respensibility en Engineer - CA MAU ss H3V Work 3311J1Vg34sV, materials, equipmew has passed to Ownef free and eleaf of Etity liens, 7 seetffity f 7 of theA thefe may not be other ma# at isstie be�ween Ownef and Gefttffietof that might aff-eet the amEmitt that should befeid, Page 7 (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. ii PWUt t iMOM t Y W — — — � MOM r i A MOM WAMM • n W liol 1 i W Y ...... w C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.O8 Services Not Being Provided by ENGINEER A. The services not being provided by the ENGINEER under this agreement include, but are not limited to, the following; ���ll�It��•{t�[i�ss rlTit�[! J1R!f ri l�JJ{rJ Page S (Exhibit K-- Amendment to Owner -Engineer Agreement) —Attachment l) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National society of Professional Engineers for EJCDC. All rights reserved. z. 3. Subsurface Utility investigation 5. Environmental Documentation 6. Development of plans in accordance with INDOT requirements for the use of Federal Funds 7. Public involvement meetings or hearings 8. IDNR, IDEM, Roule 5, or USACOE permits of any kind 9. Right -of -Way review appraisals 10. 11. Sanitary sewer design 12. Water main design 13. Lighting design 14. Landscaping 15. Drainage design or improvements to the south curb line of Lincoln Way East d. For the Additional Services or the modifications to services set forth above, Owner shall Pay Engineer the following additional or modified compensation: A. Additional $54,600.00 design fee lump sum B. Additional $14,000.00 geotechnical engineering fee lump sum C. Additional $5,000.00 not to exceed for bid phase services subject to hourly rates. D. Additional $5,000.00 not to exceed for construction phase services subject to hourly rates ems: [List other- Aaael*nents, if anyl 5. Agreement Summary (Reference only) a. Original Agreement amount: $446,850.00 b. Net change for prior amendments: $0,00 c. This amendment amount: $78,600.00 d. Adjusted Agreement amount: $525,450.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. _..W Page 9 (Exhibit K— Amendment to Owner -Engineer Agreement) — Attachment 1) EJCAC 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 the Amendment. All provision of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of the Amendment is Owner: Engineer: City of South Bend, Indiana Lochmueller Group, Inc. Board of Public Works Al-&-li 4 A J�— , IAZU4—) Title: Gary A. Gilot, President Title: Susan D. AI -Abbas, PE, Branch Manager By: Title: James A. Mueller, Member By: � Title: Suz nna . tz erg, a ber By. W 1— Title: Elizabeth A. Maradik, Member By: Title: Therese J. Dorau, Member Attest: Title: VnAa Martin, Clerk Date: l � Date: Page 10 (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. Date Name 8/7/18 Kyle Silveus BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Department Division/Bureau Public Works Engineering ❑ Agreement ❑ Contract ❑ Proposal X Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: �1 Other: j Company or Vendor Name New Vendor MBEIWBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of U Increase ❑ Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change: Copy Original ❑ ❑ ❑ ❑ ❑ ❑ Lochmueller Group, Inc. ❑ Yes ® No ❑ If Yes, Approved by Purchasing ❑ MBE ❑ WBE ❑ No ❑ Yes Name of Company Lincoln Way East Corridor Improvements 117-055 RWDA TIF 324-1050-460-31-02 $78,600; New Total = $525,450 Amendment to existing PSA Phase 1 Design — Guardrail, curb relocation and road diet to allow multi -use path along north side of the roadway. ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) % Dispersal After Approval