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HomeMy WebLinkAboutAmendment No 1 to PSA - Lochmueller Group Inc - Services for Leeper Park Improvements Project1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 46601-1 930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD F PUBLIC February 12, 2019 Susan Al -Abbas Lochmueller Group, Inc. 130 South Main St., Suite 300 South Bend, IN 46601 RE: Amendment No. 1 to Professional Services Agreement Dear Ms. Al -Abbas: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on February 12, 2019, approved the above referenced amendment regarding design services and bid document preparation for the Leeper Park Improvement Project in the amount of $253,217, for a new total of $289,917. 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 10 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated June 12, 2018. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1 1. Background Data: a. Effective Date of Owner -Engineer Agreement: JJLine l b. Owner : City of South Bend Indiana Board ol" 1'tlblic Works c. Engineer: Lochmueller GroLip, Inc. d. Project: Historic Leeper Park Improvements 2. Description of Modifications:° l....theA'(.)Wow' ddi-ti r 1 S 1vi a. 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: A1.02 Phase 1 Design and Engineering Lochmueller Group will prepare construction and bid documents for the Leeper Park Phase 1 within a project area bound by the Leeper Park property line to the west, the St. Joseph River to the north, Michigan Street to the east, and Park Lane to the South. The CONSULTANT shall be responsible for performing the following activities: Task 1. TOPOGRAPHIC SURVEY: 1.1. Provide full topographic survey of Leeper Park Phase 1 within the limits shown. The topographic survey data will be combined into an Autodesk Civil 3D drawing with a contoured surface model with one foot contours, associated break -lines and topographic features. 1.2. Run bench circuit and set a minimum of two temporary benchmarks tied to the USGS datum. 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. 1.3. Research and provide copies of Plats and Property owner names of adjacent properties, existing right of way information and utility locations. 1.4. Survey notices for property owners are to be in accordance with Public Law 18-1990, SEC. 216 under Indiana Code 8-23-7-26 through 8-23-7-28. 1.5. Locate or reset section corners (maximum of 3 corners) per county ties. Where no ties or other information is available, section splits method will be used upon authorization from County officials. 1.6. Locate all above and below ground utilities with names and addresses. 1.7. Locate storm and sanitary structures including invert elevations and pipe sizes. 1.8. High water elevations should be determined by local testimony. The high water location should be added to the survey drawing. 1.9. Locate all existing topographic information (bridges, culverts, edge lines, trees, fences, drives, ditches, pavement, shoulders, guardrail, sidewalks, driveways, steps, walls, buildings, toe of slopes, top of banks, flow lines, edge of water, etc.) 1.10. Location and size of all individual trees within the survey limits. 1.11. All control points to be referenced to assure re-establishment. 1.12. Spot elevations at 50 feet on center. 1.13. Horizontal control tied to section corners per Title 865 Rule 12. 1.14. Vertical control based on NGVD datum. 1.15. Provide bench level circuit run to third order accuracy in accordance with current INDOT requirements. Copy provided in field book. 1.16, All rivers or ponds within the limits of the project should have the water surface elevation shot and the bottom of the channel unless otherwise directed in writing. 1.17. Bathymetric survey (under water) will be performed in the proposed overlook area and within the existing Duck Pond. Task 2. GENERAL PROJECT DESIGN: 2.1. The project shall consist of designing paths, a playground, siting of the Studebaker Fountain, a river overlook, planting, site furnishings and signs. The project is located in the City of South Bend, St Joseph County, Indiana, Portage Township. 2.2. The CONSULTANT shall prepare plans, specifications, opinions of probable construction costs and other required submittal documentation for the project at each submittal stage, which shall be in accordance with the accepted standards for such work and in accordance with the City of South Bend standards in effect at the time the plans or reports are submitted. 2.3. Plan Submittals: The CONSULTANT shall prepare necessary information and submit plans at each development stage. Each submission shall be transmitted to City of South Bend via electronic means and with four (4) tabloid sized hard copies. Hard copy submissions shall also include one 24" x 36" paper copy set of plans. 2.3.1. Plan submittals will be as follows: 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. 2.3.1.1. 60% Plans 2.3.1.2. 90% Plans 2.3.1.3. Final Tracings (100% Plans) 2.4. The approved Final Tracings submission shall include upload of all bid documents to the City of South Bend's plan distribution company. Task 3. PROJECT MANAGEMENT 3.1. Project management will consist of attending project status meetings with the Owner and project stakeholders, preparing weekly email project status reports, general project coordination with Owner personnel and other project stakeholders and overall management of the consultant design team. 3.2. The CONSULTANT will attend and make one formal presentation of the proposed project to the City (Council, Parks Board, or other entity). 3.3. The CONSULTANT will prepare exhibits relating to approved design and attend up to two (2) Historic Preservation Commission of South Bend and St. Joseph County meetings to provide periodic project updates. 3.4. The CONSULTANT will attend eight (8) coordination meetings with the LPA. Task 4. PUBLIC OUTREACH 4.1. The CONSULTANT will present a project status update at one (1) neighborhood/public meeting scheduled by the OWNER. Task 5. PARK DESIGN: 5.1. The CONSULTANT shall prepare site plans, details, and specifications for the design of Leeper Park elements including: 5.1.1. Demolition plans. 5.1.2. Path network including any required steps. 5.1.3. Playground. Playground equipment will be selected by the OWNER. Lochmueller Group will design the associated paths and site features. 5.1.4. Demolition and restoration (lawn) of the existing Duck Pond. 5.1.5. Siting of the Studebaker Fountain and design of the associated plaza. 5.1.6. River overlook. 5.1.7. Tabletop intersections and crosswalks. 5.1.8. Planting design. 5.1.9. Furnishing selection and details. 5.1.10. Signs. 5.2. The CONSULTANT shall prepare grading and drainage design for the project. Page 3 (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. 5.3. The CONSULTANT shall prepare utility plans including plans for electrical and plumbing site utilities required for the Studebaker Fountain (internal plumbing, electrical, and mechanical design by others), storm/sanitary sewer alterations, and site lighting. 5.4. The CONSULTANT shall prepare a Maintenance of Traffic plan for the project. Key considerations will be maintaining traffic along State routes. Maintenance of traffic plans will be designed in accordance with the IMUTCD. 5.5. The CONSULTANT shall prepare water/wastewater plans, details, and specifications associated with drinking water (water service to the proposed fountain) and stormwater systems (existing stormwater system relocation). Design services include: 5.5.1. Review of existing construction plans and information that may be available. 5.5.2. Performing process and hydraulic calculations to confirm the size of the water piping associated with the fountain improvements. 5.5.3. Plan and Profile view layouts for water piping and stormwater system improvements included in the project. 5.5.4. Detail Sheets. 5.6. The CONSULTANT shall prepare structural design plans, details, and specifications for: 5.6.1. Studebaker Fountain foundation 5.6.2. River Overlook 5.7. The CONSULTANT shall prepare electrical design plans, details, and specifications for: 5.7.1. Power to the Studebaker Fountain 5.7.2. Park lighting along the central avenue, main paths and playground 5.7.3. Low level lighting for the overlook 5.8. The CONSULTANT shall prepare updated opinions of probable cost at each design submission. 5.9. The CONSULTANT shall, in association with the City of South Bend, prepare documents required for the public bid of the project. Task 6.PERMITS: 6.1. The CONSULTANT shall prepare one Indiana Department of Natural Resources (IDNR) Construction in a Floodway Permit Application. The tasks to be performed shall include the following: 6.1.1. Project Organization — This includes the management of the permitting tasks to keep the project on schedule and on budget. 6.1.2. IDNR Construction in a Floodway Permit - This includes the completion of the IDNR Construction in a Floodway Permit Application including all public notice requirements. This task does not include any hydraulic modeling and assumes the project will meet one of the IDNR Non -Modeling Worksheet requirements. This task does include a floodway cross sectional analysis using the base flood elevation from the IDNR Floodplain Information Portal to confirm the project will fall under the Non -Modeling Worksheet criteria or Page 4 (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. hydraulic modeling. This task assumes all cross sectional analysis and/or hydraulic analysis shall be provided by the designer. 6.2. Rule 5 Erosion Control Plan — Complete the Rule 5 Erosion Control Plan due to the project impacting more than 1 acre of land (Bid Package 1). Complete the Storm Water Pollution Prevention Plan (SWPPP) incorporated into the overall design plans, and the complete the NOI (Notice of Intent) for the project. This work "Does Not" include any Rule 5 Inspections that will be required on a weekly basis after every 0.5 inch rainfall event during and following project construction or the completion of the Notice of Termination (NOT) required to terminate the Rule 5 inspections as described. 6.3, USACE Section 404 Permitting & IDEM 401 Water Quality Certification Permitting - The CONSULTANT shall prepare the US Army Corps of Section 404 Regional General Permit and the IDEM 401 Water Quality Regional General Water Quality Notification for this project in accordance with current guidelines. 6.3.1. Project Organization —management of the permitting tasks to keep the project on schedule and on budget. 6.3.2. Field Investigation — field inspection of the proposed area by a Biologist to gather information relevant to the permit applications. It is assumed a Waters of the U.S. Report will not be needed and that coordination with the permitting agencies will yield an acceptable ordinary high water mark (OHWM) for the St. Joseph River base on archival data. 6.3.3. USACE 404 Regional General Permit — This includes the completion of the US Army Corps of Engineers (USACE) Regional General Permit, This does not include the completion of any permits beyond the Regional General Permit and if the project results in impacts greater than the limitations of the Regional General Permit, an additional supplement will be required to cover the additional costs. It is assumed the project will impacts less than 300 linear feet and less than 0.1 acre of Waters of the U.S. and not require any mitigation. The fee does not include completion of any mitigation development activities. 6.3.4. IDEM 401 Regional General Water Quality Notification — This includes the completion of the Indiana Department of Environmental Management (IDEM) 401 Water Quality Certification (WQC) Regional General Notification. As stated above, this scope assumes the project will not require mitigation; therefore, the fee does not include completion of any mitigation site development activities. 6.3.5. Cultural Resources Survey, if required by the USACE — As part of the Section 404 permitting process, the USACE is required to complete Section 106 consultation, which may include surveying the project area for cultural resources. This task includes the following activities: 6.3.5.1.Historic Field Investigation — A Historian -Section 106 Specialist, who meets the Secretary of the Interior's Professional Qualification Page 5 (Exhibit K - Amendment to Owner -Engineer Agreement) - Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer ror Proressional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Standards as per 36 CFR Part 61, shall complete a field inspection documenting properties rated as Contributing, Notable, and Outstanding. Effort for this task also includes mobilization and demobilization, as well as archival research. 6.3.5.2.Historic Properties Report (HPR) — The CONSULTANT shall prepare an HPR that documents the results of the Qualified Professional's survey of aboveground resources, and make NRHP-eligibility recommendations. The HPR shall be submitted to the USACE for submission to the State Historic Preservation Officer (SHPO). Coordination of the effects finding based on the information provided in the HPR will be initiated with the SHPO by the USACE. It is anticipated the project will result in a finding of "No Adverse Effect." Should it be determined that the project will result in a finding of "Adverse Effect," additional services will be required to complete the preparation of a Memorandum of Agreement. 6.3.5.3.Phase Ia Archaeological Reconnaissance — It is anticipated that a one acre section along the St. Joseph River, where an overlook is proposed, will require archaeological clearance. This service shall be provided by Cultural Resources Analysts, Inc. (CRA) as a direct cost to the project; however, the CONSULTANT shall review this report and coordinate the findings with the USACE. The remaining project area will not be surveyed for archaeological resources. Task 7.UTILITY COORDINATION SERVICES: 7.1. The CONSULTANT shall conduct office reviews, field inspections, verification of utility locations shown on the plans, investigations, coordination and meetings as needed. 7.1.1. Prepare and send a letter to each affected utility requesting verification of the information shown in the project plans. 7.1.2. Prepare and send to each utility a set of preliminary plans and request that the utility identify conflicts with their facilities 7.1.3. Prepare for and attend the preliminary field check. 7.1.4. Request and review proposed utility work plans. 7.1.5. Prepare plan sheets for inclusion in the project drawings that show the location of each affected utility and their proposed relocation. Task 8.GEOTECHNICAL INVESTIGATION SERVICES: 8.1. A subsurface investigation and geotechnical recommendations will be completed. The CONSULTANT shall make or cause to be made a complete geotechnical investigation in accordance with the INDOT 2018 Geotechnical Manual. The CONSULTANT shall perform the following tasks: ,. Page 6 (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. 8.1.1 Prior to commencement of drilling, the CONSULTANT shall contact the local utility companies so that they may provide clearing of underground utilities. Thus, utilities shall be cleared to the best of the CONSULTANT's knowledge. 8.1.2. Preparation of a health and safety plan (HASP) prior to field activities. Soil boring locations will be staked on site. 8.1.3. The subsurface soil and groundwater conditions at the site will be explored by drilling six (6) soil test borings along the proposed multi -use path. This includes the following: 8.1.3.1. Two (2) soil test borings to a depth of 50 feet at the location of the overlook, 8.1.3.2. Four (4) soil test borings to a depth of 20 feet along the trail alignment 8.1.4. Limited traffic control will be provided during the field drilling activities. 8.1.5. Split -spoon samples (ASTM D-1586) will be obtained at intervals of 2'/2 ft and 5 ft for laboratory analysis. 8.1.6. Groundwater level observations will be made during and immediately after the drilling. No monitoring well or long-term groundwater observation is included. The bore hole will be backfilled with the auger cuttings and patched, if applicable, after completion of drilling. 8.1.7. Completion of limited laboratory classification tests on representative soil samples to understand the strength, compressibility and other engineering characteristics of the subsurface materials encountered in the test borings. 8.1.8. Prepare a written report documenting the results of the geotechnical investigation, including recommendations and substantiating data. Task 9. The CONSULTANT shall provide bid and construction phase office services including the following: 9.1. Review and respond to Contractor questions submitted during bidding. 9.2. Review of submitted bids and preparation of a Bid Recommendation Memorandum. 9.3. Attend one Pre -construction Conference with the responsible agent(s) of the City of South Bend and the CONTRACTOR. 9.4. Review shop drawings. 9.5. The CONSULTANT shall make limited services available to the City of South Bend during construction of the work for the interpretation of the plans where disagreement may arise and for consultation during construction in the event unforeseen or unusual conditions may arise. Task 10. ITEMS NOT INCLUDED IN SCOPE: The following items are not included as part of this scope. These services can be provided for an additional fee. Page 7 (Exhibit K - Amendment to Owner -Engineer Agreement) - Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society or Professional Engineers for EJCDC. All rights reserved. 10.1. Redesign or relocation of park elements as shown on the approved concept plan. 10.2. Construction inspection and engineering. 10.3. Subsurface utility engineering. 10.4. Stream and wetland mitigation. 10.5. Additional document submittals. 10.6. Right of way acquisition services. 10.7. Right of way staking. 10.8. Individual IDEM Section 401 Water Quality Certification 10.9. Individual Section 404 Department of the Army Corps of Engineers Permit. 10.10. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work; and providing other special field surveys. 10.11. SWCD and MS4 review fees. b. Refer to Exhibit C 1 and modify A, 1 by adding item: b. Phase 1 Design and Engineering $253,217.00 For the Additional Services or the modifications to services set forth above, Owner shall Pay Engineer the following additional or modified compensation: a. Topographic Survey Data Collection Lump Sum $30,800.00 Park Engineering and Design Lump Sum $85,000.00 Electrical Lump Sum $22,500.00 Plumbing and Sewer Design Lump Sum ............. $13,738.00 Structural Design _... ......................................... Lump Sum .... _............. ..._.._.._. $24,300.00 ......... ....................... IDNR Floodway Permit ........................ ...................................... Lump Sum $14,000.00 Rule 5 Permit Application & SWPPP ____,_ ................................- Lump Sum $4,800.00 401/404 Waterway Permits Lump Sum $8,037.00 .............................. ....................................... Utility Coordination .................................. ............................................. ..._.� .� Hourly Rate, Not to $3,100.00 Exceed Geotechnical Investigation _ Unit Rate, Not to Exceed $11,580.00 uITITITITITITITITITITITITIT Bid Phase & Construction PhaseOffice mmmmmmmmmmWmmmmmmm Services ITITIT-mITITITIT ITITITITITITITITITITITIT ----- Hourly Rate, Not to $22,000.00 Exceed ................................................. _ _..�.� Subtotal Not To Exceed Fee $239,855.00 ........ ...... ...................................� Cultural Resources Survey, If Required (404 Permit) Hourly, Not to Exceed $10,482.00 ..................................................... .................... ._. Archaeological Investigation, If Required (404 ........... ......_..... ._._...... ._.._... �.......�. Lump Sum $2,880.00 Permit) Total Not to Exceed Fee $253,217.00 Page 8 (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. f' [List other _ A. ttaehm ors 5. Agreement Summary (Reference only) a. Original Agreement amount: $36700.000 b. Net change for prior amendments: $0.00 c. This amendment amount: $253217.00 d. Adjusted Agreement amount: ` 289.917.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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 Page 9 (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: City of South Bend, Indiana Board of Public Works Engineer: Lochmueller Group, Inc. By. �.� 40J6:k By. Title: Gary A. GiNot, President Title: r By: _._....... __ ....................................................... ...................... Title: Laura O'Sullivan, Member By: ,,� A'I // If A� Title: Qstzanna "ritAerg, KA a fV b e r By. d, L � b I Title: Elizabeth A. Maradik, Member By: Title: Therese J. Dorau, Member Attest: ( V` E .„.._..... Title: ""i da. Martin, Clerk Date: Date: ---------- —J... — C� I (11Q2 Susan D. AI -Abbas, PE, Branch Manager Page 10 (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. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/5/19 Name JKyle Silveus Department Engineering BPW Date 2/12/19 Phone Extension 9083 Required Prior to Submittal to Board Legal Attorney Name Clara McDaniels Controller ❑ Controller review is required for all Contracts $5,000.00 or more anc greater than one year in length per the City Purchasing Policy Purchasing F-1 Michael Schmidt Check the LJ Agreement Professional SeNyes ❑ Bid Opening Quote Opening Change Order No. Ease/Encroach. Other: )ropriate Item Type - Contract Resolution El Bid Award El Quote Award 0 C/O & PCA No. F1 Traffic Control for All Submissions I Proposal 1:1 Addendum El Req. to Advertise El Title Sheet Required Information Company or Vendor Name Lochmueller Group, Inc [:1 PCA New Vendor El Yes Z No El If Yes, Approved by Purchasing MBEANBE Contractor F-1 MBEF-1 WBE MBE/WBE Contractor Requested 0 NoF_1 Yes Name of Company Project Name Leeper Park Improvement Project Project Number 118-010 Funding Source RW TIF Bond Account No. 452-1101-452-31.02 - - — - - - - ------------­------- - -------- . .... ... Amount $ 253,217.00 P . . . . ......... ­­­_­_ Terms of Contract Lump Sum 4 Purpose/Description Amendment to PSA for Desig�mmn Services and Bid Document Preparation F-1 Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verifv,, Iran, etc.} Amount of increase $ Decrease $ Previous Amount $ Current Percent of Change-, New Amount Total Percent of Change: Dispersal After Approval Copy Original El E] n F-1 n El