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Home My WebLink AboutSupplement Agreement No 3 - DLZ Indiana LLClwgg 131E COUNTY -CITY BUILDING p 7� , j PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD � ' � �" " �, FAX 574/ 235-9171 SO[ ITH BEND. INDIANA 46601-1830 rho CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS October 8, 2019 Gary Fisk DLZ Indiana, LLC 2211 East Jefferson Blvd. South Bend, IN 46615 RE: Supplemental Agreement No. 3 Dear Mr. Fisk: The Board of Public Works, at its meeting held on October 8, 2019, approved the above referenced agreement regarding staking the right-of-way and inspecting utility relocation before the street reconstruction contract is awarded by INDOT, and services during construction in the amount of $22,500 for a new total of $557,750. 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, O-kt�� Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU SUPPLEMENTAL AGREEMENT NO. 3 This Supplemental Agreement No. 3 is made and entered into thist—dayof o , 20f, by and between the City of South Bend, Indiana, acting by and through the Board of Public Works, hereinafter referred to as the "LPA", and DLZ Indiana, LLC, 2211 East Jefferson Blvd., South Bend, IN 46615, hereinafter referred to as the "CONSULTANT". WITNESSETH WHEREAS, the LPA and CONSULTANT did, on February 10, 2015 enter into an agreement for the preparation of construction documents for the construction of the Road Reconstruction on Bendix Drive, Designation Number 1400634. WHEREAS, during the course of design, certain additional services not included in the original contract dated February 10, 2015, Supplemental Agreement Number 1 dated April 11, 2017, and Supplemental Agreement Number 2 dated December 20, 2018 have become necessary; specifically: Right-of-way staking in preparation for relocation of a high-pressure gas main, Limited part-time utility relocation observation and coordination with the gas utility company to provide the location of the relocated gas main, Additional construction phase services. NOW THEREFORE, the LPA and the CONSULTANT desire to amend the above referenced Design Contract as follows: Delete Section IV Compensation of the LPA-Consulting Contract and replace with the following: SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed under this Contract as set forth in Appendix "D" which is herein attached to and made an integral part of this Contract. The maximum amount payable under this Contract shall not exceed $557,750.00. Add Subsection II.T.7. to Appendix "A" as follows: Stake the east right-of-way line of Bendix Drive within the limits of the high-pressure gas main relocation construction from the intersection of Boland Drive to the intersection of Nimtz Parkway, approximately 2,400 lineal feet. III. Add Subsection II.U.7. to Appendix "A" as follows:. The CONSULTANT shall provide part-time Construction Observation services for the duration of the high-pressure gas main relocation construction, up to 10 hours per week for 13 weeks. The gas main relocation construction is located along Bendix Drive, from the intersection of Boland Drive to the intersection of Nimtz Parkway, approximately 2400 lineal feet. Also, the CONSULTANT shall coordinate with the gas utility company to obtain the X, Y, Z coordinates, if available, approximately every 100 feet along the newly relocated gas main for the LPA. 1of5 Supplemental Agreement No. 3 IV. Revise Subsections I.A. and I.B. of Appendix "D"' as follows: Amount of Payment A. The CONSULTANT shall receive as payment for the work performed under this Agreement the total fee not to exceed $557,750.00 unless a modification of this agreement is approved in writing by the LPA. B. The CONSULTANT will be paid for the work performed under Appendix "A" of this Agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: (The remainder of this page intentionally left blank) 2 of 5 Supplemental Agreement No. 3 Design Phase Items 1 Total Fee a. Topographic Field Survey -b. $39,000.00 GeotechnicalInvestigation* �._..............._....... . ..............c..........Projec.. $19,200.00 �. Ma.n.a...__.._ Bement & LPA/INDOT Coordination $10,000.00 d. Roadway Design and Plans, Including Signing and Pavement Markings $233,400.00 e. Pavement Design Analysis, Hourly Rate * _...__..... .... ........... _ $16,800.00 ................. ...._. _. f. Preparation of Categorical Exclusion (CE-1) $15,000.00 ..................................................................................... g. ... _................ IDEM Rule 5 Erosion Control Permit $3,800.00 h. Utility Coordination $15,200.00 L Storm Sewer Assessment $6,800.00 j. Additional Information for the Environmental w.w..._..____..._...................®................................ __ .. _.. $8,900.00 ._............................__.... k. Traffic Signal Design and Plans at Bendix Drive and Boland Drive $2,400.00 I.. Traffic Signal Modification at Bendix Drive and Sugar Maple Lane/Court $2,400.00 . _......�±.... Traffic Signal g I Design and Plans at Bendix Drive and Nimtz Parkway $9,000.00 n. Detail Curb Ramps $4,700.00 o. Scope Deleted .... ..... _ ............................... ... ......... $0.00 p. Evaluation for Adding Sidewalks Along Four Lane Bendix Drive _ mfor mmAdding mmSidewalks $8,650.00 q..mmmmmmm Evaluation Along a Three Lane Bendix Drive $9,850.00 r. Conceptual Alignment Alternatives for Three Lane Typical Section $4,500.00 s, Traffic Study ................................................... $14,000.00 t. Traffic Signal Warrant Analysis (2 @ $1,190), as needed $2,380.001, u. Landscape Design and Plans $12,000.00 Abandoned Design and Plans for Stage 2 and 15% of Stage 1 and PFC V. Plans $36,520.00 R/W Engineering Last Deed of Record (8 @ $50) $400.00 . �.._.._...�..... �.... ............................._...................._._. �. R/W Engineering and Descriptions (10 descriptions @ $950 Temporary..Parce.l.s.Only)..�..........._._..._._......._......._._�..._._._. $9,500.00 w, ___ _......... R/W Staking (7 @ $550) $3, 850.00 $18,000.00 APA (7 @ $250) $1,750.00 Additional R/W staking for Gas Main Relocation $2,500.00 Bid Phase Services, Pre -Construction Conference, Construction x. Phase Office Services, Limited Utility Relocation Observation, Hourly Rate* $25,000.00 y. Subsurface Utility Engineering .. ..............._._ ..�.........-... $40,250.00 * Items A.2.b., e. and x. will be invoiced on an hourly rate basis, as defined below, and/or as reimbursable/Subconsultant Items. The amounts are estimated only, and the final amount shall not exceed their respective amounts, without prior written approval from the LPA, in accordance with Section VI, paragraph 6 of this Agreement and/or a subsequent approved amendment to the Agreement. If a right of way acquisition Subconsultant is utilized, the CONSULTANT shall receive as payment the actual cost incurred by the CONSULTANT. 3 of 5 Supplemental Agreement No. 3 V. Replace Section I. D. of Appendix "D" with the following: D. For those services performed by the CONSULTANT, which are included in the itemized costs, as shown herein in Appendix "D", Section 2 as an "Hourly Rate", the CONSULTANT will be paid on the basis of an Hourly Rate in accordance with the Rate Schedule attached as Exhibit 3. The basis for payment includes the direct salary and wages of each employee, PLUS a provisional overhead rate of 157.82%, PLUS a 15.00% profit, PLUS the cost of money at 2.01%, PLUS direct non -salary costs as approved by the LPA. Profit will only be applied to direct salary and wages plus applicable overhead. The provisional overhead rate will include the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, vacation holiday pay and other group benefits. VI. Replace Exhibit 3 referenced in Section I.D. LEA. and I.I. of Appendix "D" with the attached revised Exhibit 3. VII. Amendment: Supplement Agreement No. 3 increases the current contract fee of $535,250.00 by $22,500.00 to $557,750.00 and incorporates all other terms and conditions as set forth in the original Agreement dated February 10, 2015. The original Agreement dated February 10, 2015, Supplemental Agreement Number 1 dated April 11, 2017, and Supplemental Agreement Number 2 dated December 20, 2018 shall remain in full force and effect, except as herein modified. The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the CONSULTANT that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. (The remainder of this page intentionally left blank) 4of5 Supplemental Agreement No. 3 IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3. DLZ INDIANA, LLC Bv: a, �--' -�� Gary K. Fisk, P.E. Vice President CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS B Gary A. Gilot, P.E., Board President B: - //' 44.:: � 3 Genevieve E. Miller, Member, B LA ell, Lau"r 'O'Sullivan, Member, B Elizabeth A. Maradik, Member, B Therese 1. I au, Member ATTEST: Lund M. Martin, Clerk � �. X:\Projects\SB\PROJ\1561\2278 - Bendix Drive\Agreement\SA 3\SA3-2019-9-03.docx 5 of 5 Supplemental Agreement No. 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date September 30, 2019 Name Roaer Nawrot Department Public Works BPW Date October 8,2019 Phone Extension 5932 i�imuwwwmuw�umwummm�uw �wu�www iwm� ar:�wm��!�wwwir.Hww�wmuw�a � �mamsw�mmimmm;�w�arum w�ummommmmm�aawummnmm ;�;�iummwm!mu _. Submittal to Board Re �,u�rPrior to Sed _�� ..............�............._. Legal Attorney Clara McDaniels Controller E] 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 !, Check the A LJ Agreement Professional Services ❑ Bid Opening Quote Opening ( Change Order No. Ease/Encroach. Other: Amendment #3 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 rrrriat Item Types —fit ❑ Contract ❑ Resolution El Bid Award El Quote Award l C/O & PCA No. ❑ Traffic Control fired" for All Submissions Proposalmmmmm m w Required Information DLZ Indiana, LLC [� Yes No 7MBE I I WBE Req. to Advertise ❑ PCA Addendum ❑ Title Sheet If Yes, Approved by Purchasin Stakinq right of wav and inspecting utilitv relocation before the stree reconstruction contract is awarded by INDOT and services durina construction. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Vrifv, Iran„ etc.) equired For Change Orders On Amount of Increase $ Decrease Previous Amount $ Current Percent of Change - New Amount $ Total Percent of Change:� Dispersal After Approval Copy Original 11 ❑ El ❑ 0 ❑