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Amendment No 1 to PSA - DLZ Indiana LLC - Pinhook Park Improvements Project
1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI JTH BEND. INDIANA 46601-1830 Andrew Lemberis DLZ Indiana, LLC 2211 E. Jefferson Blvd. South Bend, IN 46615 Tit ,OU 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS January 8, 2019 RE: Amendment No. 1 to Professional Services Agreement Dear Mr. Lemberis: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on January 8, 2019, approved the above referenced amendment for additional services of archaeological investigation for the Pinhook Park Improvements Project in the amount of $4,050, for a new total not to exceed $65,250. 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- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK LAURA O'SULLIvAN THERESE J. DoRAu This is EXHIBIT K, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated November 13, 2018. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1 1. Background Data a. Effective Date of Owner -Engineer Agreement: November 13, 2018 b. Owner: Board of Public Works, City of South Bend C. Engineer: DLZ Indiana, LLC d. Project: Pinhok Palk lm rovements 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services under Item A1.02 Section 106/NEPA Services: 3) Archaeological Investigation 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: 3) Archaeological Investigation: Engineer, through their archaeological subconsultant, will provide an archaeological records check and Phase la field reconnaissance as requested by the Indiana State Historic Preservation Officer (SHPO) in their 12/13/2018 response to Section 106 coordination. a) Based on City concept and examination of historic aerial photographs of the park area, it appears that only about 1,975 linear feet of the proposed trial is located on potentially undisturbed ground. Excavation of shovel probes will be used per state guidelines in a grid pattern at 15 in (49.2 ft.) intervals and will be excavated to a diameter of 30 cm (11.8 in.) and a maximum depth of 50 cm (11.8 in.) below the ground surface. All soil removed from these probes will be examined for cultural material by screening it through '/4"-mesh hardware cloth. The remainder of the project area is assumed to be located on previously disturbed ground that will be visually inspected and shovel probed as necessary to confirm and document this disturbance. If no archaeological sites are found during these investigations, the Indiana Archaeology Short Report form will be completed. If evidence is found, Additional Services may be required. 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. b) All work conducted will be completed in accordance to and compliance with the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716), the current Guidebook for Indiana Historic Sites and Structures Inventory - Archaeological Sites issued by the IDNR, DHPA, and any recent amendments to the Indiana Historic Preservation Act (IC 14-21-1). All field work, laboratory analysis, and preparation of the final report and recommendations will be accomplished or directly supervised by a Principal Investigator meeting the standards set forth in 36 CFR 61 of the National Historic Preservation Act and 312-IAC-21 of the Indiana Administrative Code. C. The responsibilities of Owner are modified as follows: N/A d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Archaeological Investigation , 4 050 e. The schedule for rendering services is modified as follows: Complete investigations and furnish Indiana Archaeology Short Report form within 30 calendar days of Effective Date of this Amendment. f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: N/A 3. Agreement Summary (Reference only) a. Original Agreement amount: $ 61 200.00 b. Net change for prior amendments: $ 0.00 c. This amendment amount: $ 4,050.00 d. Adjusted Agreement amount: $ 65 250.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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. 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 OWNER: Board of Public Works City of South Bend A N By: �_.._111101, ENGINEER: DLZ Indiana, LLC By Andrew C. Lemberis, P .E. Title Title: Vice President h Date Signed: Date Signed: 12/27/2018 +YM.igq,.;yy.�µ.. i,.�,yy;,4MMwMNr+wr�wJww.,w` Page 3 (Exhibit K— (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date December 27, 2018 Department Public Works .._........ . _ .. ...... ........ . __.............__.... Name Alicia Czarnecki/Patrick Sherman Division/Bureau Engineering BPW Date January 8, 2018 Phone Extension 5903 quired 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 Check the Agreement Amendment ❑ Professional Services F-1 Bid Opening Quote Opening F1 Change Order No. 0 Ease/Encroach. Other: )ropriate Item Type — Required for All Submissions Contract Proposal Resolution El Bid Award ❑ Req. to Advertise El Quote Award ❑ C/O & PCA No, ❑ PCA ❑ Traffic Control: Required Information Addendum ❑ Title Sheet Company or Vendor Name DLZ El Yes Z No ❑ If Yes, Approved by New Vendor Purchasing .__.. � ��......... ........ ..........__... MBE/WBE Contractor TMBE WBE .�.......�� ... MBE/WBE Contractor Requested No Yes Name of Corn n Project Name Pinhook Park Improvements Project ..�.. ......... ._....__.. Project Number 118-077 Funding Source Park Bond Series H Account No. 471-1136-452.31.02................_-.... �� __..........__. Amount Amendment 1: $4,050.00 New Contract Amount: $65, Terms of Contract Lump Sum for design services; Not to Exceed Purpose/Description Amendment 1 for the Additional Services of Archaeological Investigation as requested the INITSHIPO for Section 106 coordination. ..... ........_.. ._. ❑ Required Contractors Certification Forms Attached Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) _...... wired For Charge Orders Only _ Amount of Increase $ Decrease $ Previous Amount $ Current Percent of Change: ._._.....% New Amount $ ............_._ Total Percent of Change: ......... Dispersal After A removal__ Copy Original ____..... ® ❑ Scott Kreeger, Project Engineer ® 0 Kara Boyles, City Engineer, PE ................................ .w............ . ® ❑] Patrick Sherman, VPA Project Manager