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HomeMy WebLinkAboutAmendment No 1 to PSA - Patrick Engineering, Inc. - East Side Quiet Zone Alleyways1316 COUNI Y-Ciry BuiLDING 227 W. JEFFERSON 13miLEVARD ""ours llr.N[). WMANA 46601-19.30 CITY OF Soui-f-j BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS October 9, 2018 Paul Lopez Patrick Engineering, Inc. 450 Vale Park Road, Suite F Valparaiso, IN 46385 RE: Amendment No. I to Professional Agreement Dear Mr. Lopez: llfio574/235-9251 FAX 574/ 2359171 The Board of Public Works, at its meeting held on October 9, 2018, approved the above referenced amendment to assess improvements and costs to re -open the East Side quiet zone alleyways in the amount not to exceed $25,000, for a new total of $53,500. Enclosed please find the original of the agreement for your signature, Please sign and return the original agreement to our, office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. Gii,o'r SUZANNA M. FRFVZBER(j ELIZABETH A. MA RANK JAW's A. MUELLER THEU.sr, J. DORAIJ This is EXHIBIT K, consisting of 8 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 01 1. Background Data. - Effective Date of Owner -Engineer Agreement: November 14, 2017 b, Owner: Board of Public Works, City of South Bend c. Engineer: Patrick Engineering Inc. Project: South Bend - West Side Quiet Zone 2. Description of Modifications: Engineer shall perform or furnish the following Additional Services: East Side Quiet Zone Amendment — see attached Exhibit A b. The responsibilities of Owner are modified as follows: see attached Exhibit B d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: see attached Exhibit D The schedule for rendering services is modified as follows: see attached Exhibit C Other portions of the Agreement (including previous amendments, if any) are modified as follows: None Agreement Summary (Reference only) a. Original Agreement amount: $ 28,500.00 b. Net change for prior amendments: $ 0.00 c. This amendment amount: $ 25,000.00 d. Adjusted Agreement amount: $ 53,500.00 Page 1 (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. The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, ineluding these set forth in Rxhibit G. 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 /OZ02 Z'_�o r'_? OWNER: ENGINEER: City of South Bend, Indiana Patrick Engineering, Inc. Board of Public Works tift=VED I By: algaird of ptimic yeas By: Paul A Lopez, PE, S.E. 'ritie: X4 Fiff Title: Vice President Date Signed: Date Signed: Page 2 (Exhibit K — (Aineadment to Owner-U- ngincer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Ownea, and Engineer for Professional Set -vices. Copyright (0 2008 Natioital Society of Professional Engineers for E.ICDC. All rights reserved. Exhibit A Services Io be Furnished by the ENGINEER, Overview and Surnmary The City of South Bend (City) is located in North Central Indiana, along the Norfolk Southern Railway (INS) Dearborn Division/Chicago Subdivision, Currently, NS operates ninety (90) trains per day across five (S) at -grade crossings, located within the existing Pre -Rule Quiet Zone. In July, 2017, the City amended the Notice of Estabfishment (NOE) to reflect the installation, of Supplemental Safety Measures (SSMs) (i,e, mountable medians with reflective traffic channelization) at Robinson Street (DOT # 522543H), Twyckenham Drive (DOT # 522545W), and Leer Street (DOT# 522547K)). In accordance with Appendix A of 49 CFR Part 222, intersections, alleys, and commercial driveways, located within 60-feet of the gate arm must be closed or relocated; therefore, in conjunction with the !installation of SSMs, the City closed adjacent alleyways; E. Dubail Avenue at S. Twyckenham Drive; as well as the driveway accessing the commercial property located in the southeast quadrant of the Robinson Street crossing. Now that the City has re -certified the East Side Quiet Zone, the City has engaged Patrick Engineering Inc. (Patrick) to study and assess the required improvements and associated costs necessary to re -open the alleyways located in the northeast, northwest, southeast, and southwest quadrants of the Leer Street crossing; alleyways located in the northeast and northwest quadrants of the Twyckenhan Drive crossing; E. Dubail Avenue at S. Twyckenham Drive; and driveway accessing the commercial property located in the southeast quadrant of the Robinson Street crossing. Project Management Plan Patrick shall lead project efforts by hosting a Kick-off Meeting with the City, at the City's Office, to discuss the project goals, preliminary challenges, schedule, as well as begin the field inventory process. Following the Kick-off Meeting, Patrick shalil review each crossing (in person and with a City Representative, if desired) along the NS railroad corridor within the existing East Side Quiet Zone, generally ranging from Robinson Street to Leer Street, as provided by the City for this proposal, as well as other potential crossings that may be impacted by the modification of the existing quiet zone. Patrick shall review the Federal Raiiroad Administration (FRA) crossing inventory for accuracy and make any notes on crossing inventory forms that need to be updated, Patrick shall use the field review, aerial imagery, and crossing inventory data to forecast the FRA Risk Indexes and identify conceptual crossing improvements. Patrick shall prepare a technical memorandum that reflects discussions with the City about individual crossings and best fit candidates for improvement to achieve the desired mobility, while preserving the existing quiet zone. Patrick shall coordinate and participate in teleconferences and online meetings (as required) during the project. Patrick shall attend the following project meetings in person: • One (1) Project Kick-off meeting at City Hall (or location of your choosing). • One (1) In -Person Coordination/Review Meetings with the City • One (1) City Board/Council Meeting III One (1) Diagnostic Review Meeting with Local, Railroad, State and Federal Agencies (if necessary). Patrick shall prepare and submit meeting minutes for the following meeting: 9 Project Kick-off meeting a In -Person Coordination/Review Meetings with the City It Diagnostic Review Meeting with Local, Railroad, State and Federal Agencies IN All Conference Calls THIS PROPOSAL IS CONSIDEREO PROPRIETARY To PATR C K ENGINILRING WC.AND CON TAR,6 VAL LIA [ILE CONFIDENTIAL L)ArA, IRA[)[. SECRETE, AND CMMUCIAILLY SENSITIVE INFORMATION INCLUDING INFORMATION REIANNG TO ITS INTELLECTUAL PROPERTY DISC ORLIE PROHIBITED WMIOUT THE EXPRESS "07TEN CONSENT OF PATRICKENGINELIUKi INC, DATE: 7611 P I RFVIYC)N: (11 KNGINISMIRING Patrick shall conduct all Quality Assurance / Quality Control (QA/QC) reviews (on all deliverables) in accordance with Patrick's internal QA/QC policy and procedures. Patrick shall (at the request of the City) provide documentation that these reviews have been completed prior to submission of all deliverables to the City. Patrick shalll be responsible to ensuring that all staff who enter onto railroad right-of-way (R/W) have obtained the required safety briefing from the appropriate railroad supervisor or flagman, Patrick staff that enters onto railroad R/W shall be eRallsafe certified and have current roadway worker protection training. Patrick shall notify the appropriate railroad before entering railroad R/W. Flagging, when determined to he required by the railroad, will be paid directly by the City. General Work Plan Task 1: Inventory of At -Grade Railroad Crossings Within the limits of the existing pre -rule quiet zone there are five (5) existing public crossings along the NS corridor, and six (6) existing public crossings along the CN/GTW corridor. This task shall be to inventory, describe, and map the locations of these crossings, The description of each crossing shall include, but is not limited to, the street name, USDOT crossing ID number, the type of rail service in operation (passenger, freight), physical configuration, current or projected frequency of trains, a photo log, identification of any planned improvements to the at -grade crossing. The data collected as part of this task shall be compared against existing information contained in the FRA Grade Crossing database and any discrepancies shall be identified and reconciled with the operating railroad. The following public crossings shall be included in the study: Road Name i. !�! !10_"1­1.11____, FR A DOT Inventory No. Railroad Iroad MP . . .... . ........... .. . ... .. . .. Robinson Street Public At -Grade . .. . .. . ...... ­,,­ .... . ....... .. . ....... 522 54311H11 ........ . .. Caroline Street Public At -Grade 522 544P NS/ATK 434,91011 1 11 Twyckenham Drive Private At Grade 522 545W NS/ATK 1434.97 Ve ir, nlo-n Public I At -Grade 111151122 546D NS/ATI(1111 435.016,11111, 1 'Street",,,, Leer I I Street I I Public At -Grade- 522 547K NS/ATK 435.24"__ Greenlawn Avenue Public At -Grade 283 351E CN/GTW 102,23 Ironwood Drive Public At -Grade 283 352E "2'8'3 CN/GTW 102.26 2 j kh Street Public At -Grade 3,53T CN/GTW 102.51 3 0 1h Street Public At -Grade 283 354A CN/GTW 102.77 35th- Street Public At -Grade 283 355G CN/GTW 103.10 Logan Street Public At -Grade i 283 356N CN/GTW 103.23 ... Task 2: Identify Alternate Safety Improvement Measures This task shall identify improvements necessary to keep the Quiet Zone Risk Index (QZRI) equal to or below the National Significant Risk Threshold (NSRT) or Risk Index With Horns (RIWHI) at the active crossings in order to preserve the existing East Side Quiet Zone, while re-openiing the alleyways located in the northeast, northwest, southeast, and southwest quadrants of the Leer Street crossing; alleyways located in the northeast and northwest quadrants of the Twyckenhan Drive crossing; E. Dubail Avenue at S. Twyckenharn Drive; and driveway accessing the commercial property located in the southeast quadrant of the Robinson Street crossing. Patrick shall identify and recommend additional Alternative Safety Measures (ASM,$), at the aforementioned public at -grade crossings, to offset risk created by modifying the current SSMs. Improvement measure selection shall take into consideration the impacts on traffic safety, private property, adjacent businesses, environmental permitting, and will depend on intersection geometry, road width, motor vehicles and/or non -motorized traffic volumes, adjacent land uses, and IIIiS PROPOSAL 15 CWSIDERED PROPRIETARY [0 PA I RIC. K INGMEERING INC. ANO CONIAM VAUJAULE COM IMN I IAL DATA, TRADE SrCREIS, AND COMMERCIALLY SENSITIVE I NFORNWr ION INCLUDING I NrORNIATION RELATING TO ITS INTELLEC10AL PPOPERTY, DISCLOSURE PROH I BITED WIMou'r THE EXPRESS %VMTTEN CONSFINT OF PATRICK F11GINEFIRING I MC, UAIE1/5/18 1 REVIYON:01 Is SNUINKERING other local conditions, Patrick shall determine the RI, as calculated by the FRA, for the East Side Quiet Zone with the recommended improvements, to achieve the desired mobility,, while preserving the existing quiet zone. Task 3: Develop Draft Technical Memorandum Patrick shall prepare a draft technical memorandum and order of magnitude costs for the improvements as part of this study, including description of the proposed improvement(s), amended QZRI calculations, and up to three (3) concept level drawings (per location), at four (4) crossing locations, of recommended SSM or ASM improvements. The draft technical memorandum shaii be submitted and reviewed by the City prior to submitting the NO[ and/or scheduling a Diagnostic Review (if necessary). Patrick shall present the Final Technical Memorandum for recommendation (if requested) to the City Board/Council and/or be present to answer any questions that the City may have related to the proposed plan. Task 4: Railroad Coordination and Outreach (if Necessary) The study and diagnostic site meeting will require participation and/or coordination with the FRA, INDOT, NS, and local agencies and/or road autho,rity(les). Initiail contacts with the various agencies shall be identified, and a communication timeline shall be drafted by Patrick. Patrick shall coordinate with the appropriate parties and lead the diagnostic review effort (if necessary), Additional meetings can be attended if needed and will be considered additional services. Task 5: Prepare Final Technical Memorandum Patrick shall prepare a technical memorandum that summarizes the results, findings, and recommendations of this study. The preliminary draft of the technical memorandum shall be submitted to the City for review and comment. The technical memorandum, shall be finalized upon receipt of comments by the City. Task 6: Implementation The Notice of Intent (NOI) is a legal document submitted by the City of South Bend which begins the quiet zone amendment process. Once the NOI is approved by the City Board/Council, Patrick shall prepare the final NOI paperwork and submit to the City for signature, The Notice will be submitted to the FRA and other required parties in accordance with Section 222,39(b) of the FRA Final Rule with recommendations for the proposed amendment of the existing quiet zone. The submittal shall include the anticipated improvements the City is proposing to implement as part of the quiet zone modification. Patrick shall also coordinate with INDOT and the FRA for obtaining any comments during this 60-day timeframe. Patrick shall prepare the amended Notice of Establishment (NOE) paperwork for the City to utilize when crossing modifications have been fully constructed for the quiet zone in preparation for the submittal to amend the established quiet zone. The NOE will outline the improvements noted in the Final Technical Memorandum and conceptual drawings, If the designated improvements vary from the Technical Memorandum and recommendations issued by Patrick and/or additional risk analysis is required to review changes from the conceptuial drawings or Technical Memorandum, said additional work will he considered beyond this proposed: scope of services. It should be noted that this step uisuially follows all FRA ASIVI approvals and construction of crossing improvements, which the schedule will ultimately be determinedi by the City and influenced by the selected improvements, All improvements need to be fully constructed before the amended NOE can be sent by the City. The amended Notice of Establishment is the legal document submitted by the City to designate modifications to the existing quiet zone. it is required that a copy of the amended NOE be sent to all recipients on the Certificate of Service via certified mail as outlined in The Final Rule. If during the implementation phase it is determined that engineering design/contract plans are required by Patrick, this work shall be considered a change in scope of services, and additional or supplemental fees will be required. THIS PROPOSAL IS COMMERED PROPRIFTARY 10 PAT IUCK FN6 I NEE k I NlG INC. AN D CONTAINS VALU14ELF CON( IDENTIM DATA, TRADE SECIIETS, AND CONIMIRCIALLY SENSITIVE I WORNIAMN MCLUDING INFORMATION RELATING 10 ITS INTFLI-ECTLIAL PROPFFOY. DISCLOSURE PROM BIT LD WITHOUTTlIC. WW.SS WRITTEN CONSENT OF RAI RICK LINGINLERING INC. DATE. )15/18 1 RJ�VISIOM 01 0 ENIGIINEE RING Exhibit B information and Services to be Furnished by the OWNER The OWNER shall furnish the ENGINEER with the following: 1. Criteria for design and details for signs, signals, lighting, highway, and structures such as grades, curves, sight distances, clearances, design loading, utility sizing, etc. 2. Standards specifications and standard drawings applicable to project. 3. Traffic Data (AADT, Percentage Commercial Vehicles, Average Number of School Bus Crossings per Day, Re -distribution of Traffic, etc.) for the year of establishment 4. Available data and previous studies from the transportation planning process. 5. Provide access, to enter upon public and private lands as required for Patrick to perform work, 6. All legal services as may be required for development of the project. 7. A local representative with decision -making authority for inquiries. 8. Payment of all permits, flagging, and review fees required by agencies and raliroads having jurisdiction over this project data. THIS PROPOSAI, 6 CONSIDERED PROPRIE I ARY TO PAT MCK ENG I MURING INC. AM) CC) NTA1NSVMUA(31X C(1Nf I DEMO(. DATA, TRADF SECRETS, hNO COMMMCIALLY SENSITNE MFORMATION INCLUDING INFOW114TION1 RELATING TO I'B NTELLECTOAI, PROPFFITY, DIPCLOSME PROHISHED WITHOUT THE EXPRESS WRITTEN COMSENI"OF PATRICKENUNURING INC, DATE: 1/5/1", 11 UVISION:01 M MOINERMNO Exhibit C No work under this Contract shall be performed by the ENGINEER until the ENGINEER receives a written notice to proceed from the OWNER. All work by the ENGINEER under this Contract shall be completed and delivered to the OWNER for review and approval within the foilowing approximately time periods. Variations from the schedule may be agreed upon by the OWNER and ENGINEER. 1. Kick-off Meeting with the OWNER within 7 calendar days from Notice to Proceed (NTP), 2, Conceptual Crossing Improvement Exhibits within 21 calendar days from the Kick-off Meeting. 3, Draft Technical Memorandum within 14 calendar days upon receipt of Conceptual Crossing Improvement Crossing Exhibit comments. 4. Diagnostic Review Meeting (if necessary) with FRA, INDOT, NS, City, and local agencies and/or authority(ies) within 60 calendar days of submission of Draft Technical Memorandum. 5. Final Technical Memorandum within 30 calendar clays of receipt of City Draft Technical Memorandum comments or the Diagnostic Review Meeting (if necessary), whichever occurs later. 6. Notice of Intent: To Be Determined, 7, Notice of Establishment: To Be Determined (but no sooner than 60 days from the Notice to Intent and after receipt of FRA ASM approval), I HIS PROPOSAL IS CONSIDERED PROPRIETARY ro PA I RICK TNGINFERING INC. AND CON TMNSVAI ElAfflI " CON FRI DATA, I RADE SC04r'S' AND COMMERCIALLY SENSITIVt INFORMATION RICLODING I NFORNIA11ON RE LAflNG K) IIS INTELLECTUAL PROPERTY. DISCLOSURE MIT 10 IT CE) WITHOUT MR: LXPW�SS WRI IT QA CONSINTOF PATRICK rNC I NFFRING INC. E DAI V: 7/S/ H' I REVISIOW (31 UNGINGERING Exhibit D Corn pe nsa fio n The ENGINEER shall be compensated for services to be performed under the Agreement and any modifications or amendments thereof, for a total fee not to exceed $53.,500 unless approved in writing by the OWNER. The ENGINEER shall be compensated for the following services on an hourly basis, at the Engineer's standard hourly rates set forth in the Agreement. The total obligation under this portion of the Agreement shall not exceed $25,000 unless approved in writing by thie OWNER. a. East Side Quiet Zone Study $21,000 b, Diagnostic Review Meeting (if necessary) $4,000 EWS PROPOAl, IS CONSIDIF RED P ROPR I ETARY 10 PAfMCK ENGINEERING INC. AND CONTAINS VALUABLE catqI[)[Nfl& [)A FA, TRADE SECRETS, AND (OMMERCIALLY SENSITIVE INFORMATION INCLUDING INFORMATION RLAlN6 TO ITS M IELLECrUAL PROPERTY DISCLOSURE PROH I GITED 1N17HOUTTH I. VXPFF55 WRITTEN CON51--tJ OF PATfUCII ENG I NUMN(j INC. DA1 F: 7YS/ IF: I REVISI ON: 01 N ENIBINVERING BOARD OF PUBLIC WORDS AGENDA ITEM REVIEW REQUEST FORM Date Name 10/02/18 Becca Plantz Department Division/Bureau Public Works Engineering BPW Date 10/09/18 Phone Extension 5998 Re' u�red Prior to Submittal to Board Legal ® Attorney Name: Clara McDaniels Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Michael Schmidt N Agreement Amendment Ll Contract Ll Proposal U Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: n Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Patrick Engineering ❑ Yes ❑No Purchasing ❑ MBE ❑ WBE ❑ No ❑ Yes Name of Corn West Side Quiet Zone 117-114 If Yes, Approved by 50% LRSA & 50 % Engineering_Professional Services 50% to 251-0608-431.23-02, 50% to 101 -0608-431.3106 Amendment Total $25,000 (New Total * Original PSA=$53,500) NTE Assess the required improvements and associated costs to re- open East Side Quiet Zone alleyways _ ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑