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Amendment No 2 to PSA - Black and Veatch Corp - Olive Water Treatment Plant Improvements
1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND_ INDIANA 46601-1 830 }, PEACE 186 , CITY OF # BEND PETE BUTTIGIEG, MAY IBOARD /WORKS February 12, 2019 Donnie Ginn Black and Veatch Corporation 8415 Allison Pointe Blvd., Suite 410 Indianapolis, IN 46250 RE: Amendment No. 2 to Professional Services Agreement Dear Mr. Ginn: 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 for Olive Water Treatment Plant Improvements in the amount of $257,337, for a new total of $342,254. 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, 4 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 8 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. 2 1. Background Data: a. Effective Date of Owner -Engineer Agreement: June 12 2018 b. Owner: Board of Public Works Cily of South Bend Indiana C. Engineer: Black & Veatch Corporation d. Project: Hydraulic Modeling Training and Olive WTP Improvements Preliminary En ineerin 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: Task 4 — Olive WTP Improvements Design, Bid and Construction Phase Services Engineer will develop contract documents for needed improvements to the sodium hypochlorite and fluoride storage and feed systems as well ancillary support systems at the Olive Water Treatment Plant to maintain a high level of service and safe working environment during normal operation of the treatment facility as documented in the Olive Water Treatment Plant Improvements Preliminary Engineering Report. Task 401 — Project Meetings Engineer will attend up to a total of three project meetings with the Owner. The meetings will be held with the Owner at the Olive WTP in South Bend, Indiana to update the Owner on project progress and obtain feedback on intermediate deliverables. The kickoff meeting will be held with the Owner to discuss the goals and objectives of the project, to establish the lines of communication, as well as gather data necessary to prepare the design documents. One progress meeting will be held to review the design and status of the project at the 50 percent completion milestone. A 2-hour teleconference will be held to review the project prior to final submittal. The kickoff meeting and design progress meeting will be attended at the site by the project manager, engineering manager with the lead chemical engineer attending by 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. teleconference. The project manager and engineering manager and lead chemical engineer will attend the pre -final submittal teleconference. Task 402 — Design and Contract Document Development The Engineer will prepare Contract Documents consisting of drawings and specifications to incorporate a bulk sodium hypochlorite storage and feed system; new fluoride bulk storage tanks; a new generator, HVAC, outdoor shower, and fire protection to support the sodium hypochlorite storage and feed system; new roll -up doors for the fluoride and sodium hypochlorite rooms at the Olive Water Treatment Plant as well as demolition of the existing sodium hypochlorite storage and feed equipment; fluoride bulk storage; and knockout walls for the sodium hypochlorite and fluoride rooms. The documents will be prepared for the selection of a private construction contractor on a competitive bid basis. One contract will be prepared for the performance of all work, including procurement of equipment. The Engineer's Standard Documents will be used for preparation of technical specifications and C- 700 Standard General Conditions 2013 Edition will be used with the Owner's front- end documents. A Preliminary Drawing List includes: General • Cover Sheet • Index of Drawings • Abbreviations, Legend and General Notes Civil • Civil Symbology, Legends and General Notes • Site Plan • Civil Details • Erosion and Sediment Control Plan and Details • Demolition Plan and Details Architectural • Architectural Plan and Details Structural • Structural Abbreviations, Legends and General Notes 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. • Generator Foundation Plan, Sections and Details Mechanical Process • Mechanical Process Abbreviations, Legends and General Notes • Sodium Hypochlorite and Fluoride Chemical Feed Plan • Sodium Hypochlorite and Fluoride Chemical Feed Sections • Sodium Hypochlorite and Fluoride Chemical Feed Details • Generator Plan and Details HVAC • HVAC Abbreviations, Legends and General Notes • Sodium Hypochlorite Room HVAC Plan and Sections • Schedules and Details I'll illnbin • Plumbing Abbreviations, Legends and General Notes • Sodium Hypochlorite Room Plumbing Plan and Sections • Schedules and Details Fire Protection • Fire Protection Abbreviations, Legends and General Notes • Sodium Hypochlorite and Fluoride Rooms Plan and Sections Electrical • Electrical Abbreviations, Legends and General Notes • Sodium Hypochlorite and Fluoride Rooms Plan • Sodium Hypochlorite and Fluoride Rooms Power Plan • Sodium Hypochlorite and Fluoride Rooms Power One -Line Diagram • Schematic Diagrams and Details Instrumentation 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. • Instrumentation Abbreviations, Legends and General Notes • Sodium Hypochlorite Bulk Storage Tanks P&ID • Sodium Hypochlorite Bulk Day Tank and Transfer Pumps P&ID • Sodium Hypochlorite Metering Pumps P&ID • Fluoride Bulk Storage and Transfer Pump P&ID • Engine Generator P&ID • Details Contract Documents will be reviewed by senior engineers for quality assurance. The review will cover conformance to standards, completeness, adherence to sound engineering practices, and constructability. Deliverables for the project include: 50 Percent Deliverable • Preliminary Civil Plans • Preliminary Mechanical Process Plans • Preliminary HVAC and Plumbing Plans • Preliminary Architectural Plan • Preliminary Structural Plans • Preliminary Electrical Site, Power Plan and One -Line Diagrams • Preliminary Instrumentation Diagrams • Technical Specifications including chemical feed systems, generator, overhead doors, concrete, electrical, instrumentation and functional description • Preliminary Opinion of Probable Construction Cost Final Design Deliverable • Civil Plans, Sections and Details • Mechanical Process Plans, Sections and Details • HVAC and Plumbing Plans, Sections and Details • Preliminary Architectural Plan 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. • Structural Plans, Sections and Details • Electrical Site, Power Plan and One -Line Diagrams • Instrumentation Diagrams • Technical Specifications including including chemical feed systems, generator, overhead doors, concrete, electrical, instrumentation and functional description Four half-size sets of drawings and specifications will be provided to the Owner at the 50 percent completion milestone for review and comment. The Owner will provide comments to the Engineer within ten days of receipt of the drawings and specifications. A PDF copy of the drawings and front-end specifications will be provided to the Owner for review during the pre -final teleconference. Five half-size sets and 2 full-size sets of the final drawings and specifications will be provided for the Owner's use, as well as a PDF copy of the Contract Documents for bidding purposes. Task 403 — Permits Acquisition Assistance In order to construct the required improvements a Building Permit from the City of South Bend and a Construction Permit from the Indiana Department of Environmental Management may be required. Engineer will assist the Owner by completing permit applications and providing drawings and specifications for permit submittal. The Owner will be responsible for all permit fees and application costs. Additional permit applications can be prepared as a supplemental service. Task 404 — Opinion of Probable Construction Cost The Engineer will prepare an Engineer's Opinion of Probable Construction Cost for the construction of the project. Two preliminary Opinions of Probable Construction Cost will be prepared at the 50 Percent and Final Design deliverables. The final cost opinion will be prepared and delivered to the Owner prior to the Bid opening. Task 405 — Bid Phase Services Owner will place the advertisement of the Invitation to Bid as well as distribute copies of the Bid Documents to prospective Bidders. The Engineer will assist the Owner during the Bid Phase by interpreting the construction contract drawings and specifications. Engineer will lead and prepare for a pre -bid meeting at the Owner's facility as well as prepare a meeting summary for the Owner to distribute. The pre - bid meeting will be attended by the engineering manager. The Engineer will prepare up to one addenda to the Construction Contract Documents for the Owner to distribute, if required. Task 406 — Construction Administration Pages (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. Construction phase services will be provided for 12 consecutive months beginning approximately May 2019. Services beyond 12 months can be provided as a supplemental service. The Engineer will perform construction administration services during the construction phase of the project. By performing these services, the Engineer shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project, except as provided in the Scope of Services. In addition, Engineer shall not be responsible for the failure of any contractor, subcontractor, vendor, or other project participant to fulfill contractual or other responsibilities to the Owner, except as provided in the Scope of Services. Engineer shall notify Owner of any failure of the Contractor to conform to the Construction Contract Documents and specifications which becomes known to Engineer in performing Engineer's obligations hereunder. The following engineering services will be provided under this task: • Interpret construction contract drawings when requested by the Owner. • Review and comment on the Contractor's initial and updated construction schedule and advise the Owner as to acceptability. Analyze the Contractor's construction schedule, activity sequence, and construction procedures as applicable to the Owner's ability to keep existing facilities in operation. • Respond to Requests for Information (RFIs) submitted by the Owner or Contractor. Engineer will provide responses to RFIs from the Contractor within ten business days of receipt. Responses to requests that involve input from the Owner may extend longer than ten business days. Up to 10 RFI reviews are included. Additional responses can be provided as a supplemental service. • Assist the Owner in review of up to one Change Order request by the Contractor and prepare one Change Order, if required. Engineer will assist in preparing proposal requests to the Contractor for changes in Scope, if required, and will prepare and process Change Orders, if required. Additional Change Order assistance can be provided as a supplemental service. • Claim support is not included. Task 407 — Construction Progress Meetings Engineer will attend up to 6 progress meetings, 2 hours each with the Contractor and Owner with all being attended at the site by the engineering manager. Owner or Contractor will preside at the meetings and will be responsible for preparing and distributing meeting summary notes. Task 408 — Shop Drawing and Submittal Review Engineer will review shop drawings and other data submitted by the Contractor as required by the Construction Contract Documents. The Engineer's review shall be for general conformity to the Construction Contract Documents for the project and 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. shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. The Scope of Services is based on review of up to 30 submittals or re -submittals. Additional submittal reviews can be provided as a supplemental service. Engineer will also receive and review guarantees, bonds, and certificates of inspection, tests, and approvals which are to be assembled by the Contractor in accordance with the construction Contract Documents and transmit them to the Owner. Review of "Substitutes" requests by the Contractor shall follow the requirements of the General Conditions in the Contract Documents. The Engineer will perform such reviews as a supplemental service and will track the time and expenses separately for payment. Task 409 — On -call Site Visits and Support Engineer will make periodic visits to the construction site when requested by the Owner to observe construction and provide assistance to the Owner concerning problems and/or progress of the Work. The Scope is based on up to 60 hours and 15 trips by the engineering manager or lead project engineer to review design - related questions and construction conflict or issue resolution. Additional trips may be provided as a supplemental service. The Engineer shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the Engineer. This service will in no way relieve the Contractor of complete supervision of the Work or the Contractor's obligation for complete compliance to the Contract Documents. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Task 410 — Revise Construction Contract Drawings Upon completion of the project, Engineer will revise the construction contract drawings to conform to the construction records. Revisions to the construction contract drawings will be provided by the Contractor for editing by the Engineer. An electronic copy in AutoCAD and PDF formats of the conformed -to -construction drawings will be provided to the Owner. Task 411 — Project Management and Administration Provide project supervision, direction, and coordination with the Owner's management and staff. Project administration and management also includes budget and schedule control, document control, coordination of activities, monthly invoicing and project close-out. Engineer will maintain a change register of any scope changes affecting the project budget or schedule and review it with the Owner on a monthly basis. Engineer shall discuss and receive written approval for any scope changes from the Owner prior to proceeding. 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 of Professional Engineers for EJCDC. All rights reserved. 1= tl ...... 7t d 1ep.ef %I uy A- I g. 1 11 i11 -..�� � ev4a 11': fits, � x l� 114; 0 ._, cr�ar�caa-i"r1• 0.11 f 1 e�� d d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: For professional services described under Task 4, Owner agrees to pay Engineer in accordance with the Agreement for Professional Services on a lump sum basis. The total compensation for Amendment 2 shall increase the lump sum amount by $257,337 and shall not be revised without written authorization. e. The schedule for rendering services is modified as follows:. Engineer will complete the work described above within sixteen months of receipt of notice to proceed from the Owner. sM a M 5. Agreement Summary (Reference only) a. Original Agreement amount: $�7ti 077...... b. Net change for prior amendments: $ 8 840 c. This amendment amount: $ 257,337 d. Adjusted Agreement amount: $ 342,' 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 this Amendment. All provisions of the Agreement not ro llhied by this or previous Amendments remain in effect. The Effective Date of this Amendment is o `� OWNER: ENG1N �APPIWVBD . ,.• �..� .w_.... By: By: Donnie H. Ginn, P.E. Title: _ ' . I .II Title: Vice President Date T44v�_A_� Date Signed:Signed: ,.. Z Zy 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. Page 9 (Exhibit K — (Amendment to Owner -Engineer Agreement) —Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 9 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 3 a 3 G o � �? � 3 3 � 3 m �.2 0 u 9 m - m. m m��n a a P Date Name BPW Date BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM February 4, 201 Kara M. Bo 2/12/19 Department Engineering ........ Division/Bureau DPW Phone Extension 5933 .......... Required Prior to Submittal to Board Legal ❑ Attorney Name: C. 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 ® Professional Services ❑ Bid Opening E ] Quote Opening F Change Order No. ❑ Ease/Encroach. Other: Amendment No. 2 Company or Vendor Name iro r Item T pe — Regi ❑ Contract ]] Resolution F] Bid Award E Quote Award El C/O & PCA No. R Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of for All Submissions ] Proposal ❑ Req. to Advertise Required Information Addendum ❑ Title Sheet Black & Veatch Corporation ❑ Yes ❑ No ❑ If Yes, Approved by P haswn E MBE ....WB .......... No Yes Name of Company Olive GAC Plant �e _lacements and Refurbishments 118-024 __.................................... ..... ................ RWDA TIF .................. _--- _....... 324-1050-460.31-02 (Engineering) Amendment 2:$257,337; Total: $342,254 B&V will complete the design of theOliveGAC Plant improvements to chemical treatment, access, updates to codes, etc. Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Increase $ Decrease $ Previous Amount Current Percent of Change: New Amount Total Percent of Chanae: Copy Original red For Change Orders ON r )isoersal After Aroval