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HomeMy WebLinkAboutAmendment No 2 to PSA – Re-Submittal of Permits, Utility Coordination, Appraisals, and Easement Acquisition Services for Prairie Ave. Water Main Loop - HWC Engineering1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA46601-1830 1865 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARDF PUBLIC WORKS February 25, 2020 Mr. Jonathan Q. Query, PE HWC Engineering 135 N. Pennsylvania St. Indianapolis, IN 46204 RE: Amendment No. 2 to Professional Services Agreement Dear Mr. Query: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on February 25, 2020, approved the above referenced amendment for the re -submittal of permits, utility coordination, appraisals, and easement acquisition services for the Prairie Ave. water main loop in the amount of $32,395 for a new total of $224,895. Enclosed please find a copy of the amendment 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 ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR Amendment No. 2 Attachment 2 - Scope of Services South Bend Prairie Avenue Water Main Loop City of South Bend, Indiana February 2020 Introduction/Background The original agreement included completion of a Scoping Report to evaluate and determine a recommended plan for extending (looping) a proposed water main along Prairie Avenue to the Four Winds Casino. The Scoping Report was completed in the fall of 2017. Based on the recommended project from the Scoping Report, Amendment No. 1 to the contract was prepared to complete the design, permitting, bidding, construction engineering, and easement/land acquisition services (additional services) for the project. Amendment No. 1 was approved and a notice to proceed was given in November 2017. Prior to completion of the final design, the project was placed on hold in September 2018 due to delays in project funding and easement acquisition. In order to restart the project and complete the final design (including revising & resubmitting some of the permits that have expired), an amendment to the contract is needed. Accordingly, the following scope of services is proposed to be completed by HWC for the project as partof this amendment. Design, Permitting and Bidding Documents (Final Design Phase) 1. Confirm final plan locations of the proposed water main, valves, and hydrants and update the final quantities and cost estimate. 2. Contact the utilities and provide updated plans to determine if there have been any changes since the previous utility coordination. Confirm the need for any utility relocations and establish schedules for all relocations including responsible party for cost of relocations. 3. Conduct additional progress meetings (2 meetings assumed) with the Client to monitor the progress of the final design. 4. Revise the applications for all non -local necessary permits for construction that have expired and submit to the agencies. The following permits need to be resubmitted: a. IDEM Notice of Intent b. INDOT US-31 Right -of -Way Permit c. IN DOT SR-23 Right -of -Way Permit d. IDEM Regional General Permit Consultant will submit applications to agencies after Client signatures. 5. Re-establish communication with St. Joseph County on work proposed within County jurisdiction and obtain all necessary approvals (if any). 6. Update current plans and prepare 100% design plans, specifications, quantities, and updated opinion of construction cost of all water main improvements for review by Client. Consultant shall review and incorporate Client comments from 100% submittal, in addition to conducting an internal Quality Assurance/Quality Control (QA/QC) review. 7. Update the specifications, bidding and contract documents with any updated standards from the City. Bidding documents shall use Engineers Joint Contract Documents Committee 2013 Edition documents, technical specifications and engineering drawings. 8. Upon approval of the final design plans and specifications, consultant will request authorization to proceed with the bidding phase of the project once all land acquisition is complete or as directed by the Client. i`..INi RING Amendment No. 2 Prairie Avenue Water Main Loop City of South Bend, Indiana Page 1 of 2 Easements/Appraisals/Land Acquisition Management (Additional Services) -This work is to be completed by Jones, Petrie, Rafinski (JPR). 1. Conduct complete title searches to verify right-of-way as there are several properties along SR-23 that may or may not require easements depending on final locations of existing public right-of-way. An allowance for performing a route survey of the portion of the project along SR-23 corridor is included if required. 2. Prepare appraisal reports based on the required standards for right-of-way takings. 3. Preparation of offer documents, management of acquisition services, and buying/negotiating of all permanent or combination of permanent and temporary easements. The process will be coordinated with the City's legal staff. 4. See the attached updated proposal from JPR dated February 7, 2020_ Notations, Exceptions and Assumptions This scope of services is based on a number of critical assumptions and additional services not included: 1. Preparation of additional permit applications beyond those indicated above is not included. 2. It is assumed that the design will be based on one single phase of work 3. Legal services and/or representation at legal proceedings, including but not limited to, property re- zoning, plan commission submittals, etc. are not included. 4. Staking of easements is not included 5_ Additional work associated from permit protests is not included. 6. Additional and Extended Services during construction made necessary by: a. Work damaged by fire or other cause during construction b. A significant amount of defective or neglected work of any contractor c. Prolongation of the time of the construction contract d. Default by contractor under the construction contract 7. Archaeological or Botanical Investigations: Consultant will assist Client in engaging the services of an archaeologist or botanist, if required, to perform the field investigations necessary for agency review through a separate agreement with Client. 8. Permit Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by Client. 9. Preparation for and/or Appearance in Litigation on Behalf of the Client: This type of service by Consultant will be provided through a separate agreement with the Client. 10. Revising Designs, Drawings, Specifications and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in project scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after services have been partially completed, will be provided through an amendment to this agreement. 11. Services Furnished during Re -advertisement for Bids if ordered by the Client: If a contract is not awarded pursuant to the original bids, any services of this type will be provided through an amendment to this agreement. 12. Services Related to Buried Wastes and Contamination: Should buried solid, liquid, or potentially hazardous wastes or subsurface or soil contamination be uncovered, at any project sites, follow-up investigations may be required to identify the nature and extent of such wastes or subsurface soil or groundwater contamination and to determine appropriate methods for managing of such wastes or contamination and for follow-up monitoring. Investigation, design, or construction related services related to buried solid, liquid, or potentially hazardous wastes or soil or groundwater contamination will be provided through a separate agreement with the Client. �k'N E GINE`ERING Amendment No. 2 Prairie Avenue Water Main Loop City of South Bend, Indiana Page 2 of 2 f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: No other modifications are included. 5. Agreement Summary (Reference only) a. Original Agreement amount: $ 1450000 b. Net change for prior amendments: 17 0 0.00 c. This amendment amount: 32.105.00 d. Adjusted Agreement amount: $ 4.8 5.0f 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 inodified s or previous Amendments remain in effect The Effective Date of this Amendment s.. by this OWNER: Printec Title: Date S ENGINEER: HWC In Iiierin By: Printed: Terry M.mBaker Title: President Date Signed: 1.2 Page3 (Exhlb@ K —(Amendment No. Two to Owner -Engineer Agreement) -Attachment 1) EJCDC E-00 Agreement Between Owner and Engber for Professional Services. Copyright © 2008 Natonal Society of Professional Engineers for EJCDC. All rights reserved. O N E S P E T R I E R A F I N S K I Land Surveying Civil Engineering Planning Architecture - Peoject Funding GIS - Environmental - Renewable Energy , Landscape Architecture February 17, 2020 HWC Engineering 135 N. Pennsylvania St. Indianapolis, IN 46204 Attn: Jonathan Q. Query, PE RE: UPDA"TED PROPOSAL FOR PROFESSIONAL SERVICES — EASEMENT PROCUREMENT PROCESS MANAGEMENT — PROPOSED PRAIRIE STREET WATER MAIN LOOP — CITY OF SOUTH BEND, INDIANA Dear Mr. Query: Thank you for once again contacting JPR with regard to providing our assistance on the above - mentioned project for the City of South Bend. We have reviewed our records accordingly and are pleased to provide this updated proposal for HWC and the City of South Bend's consideration. UNDERSTANDING OF THE ASSIGNMENT: HWC is serving as the primary consultant for the City of South Bend on the above -named project, the purpose of which is to close a water main loop on the City's southwest side, in the general vicinity of the State Road 23 and US 20/31 Bypass interchange, as well as the recently constructed nearby Four Winds casino that is operated by the Pokagon Band of the Pottawatomi Indians. JPR's involvement in this project is limited to providing easement acquisition management services, and originally began in 2018 under the auspices of a proposal provided at that time and a work order issued by HWC pursuant to the same. Since then, for specific reasons that are relatively unknown to JPR, the project's progress was put on hold. We believe that this "pause" was associated with processes generally internal to the City of South Bend related to allocating and/or designating project related funding sources. In order for this loop to be constructed, several easements from private homeowners are needed, and they are displayed on plan view drawings prepared by HWC and provided to JPR in 2018. The total amount of needed easements is yet to be determined, and the services associated with this proposal are intended to help gather needed information in order to help make this determination. ASSUMPTIONS & SCOPE OF SERVICES: t 300 Nibco Parkway, Suite 250 325 S. Lafayette Blvd. 108 W, Columbia Street Dlprl source.com Elkhart, IN 46516 South Bend, IN 46601 Fort Wayne, IN 46802 574.293.7762 574.232,4388 260.422.2522 Page 2 of 3 Jonathan Q. Query February 17, 2020 Previous interaction with landowners along the US 31/20 Bypass seems to indicate that they are "less than willing" to convey an easement to the COSB at a reasonable or fair price. « The work proposed herein will primarily consist of the following: a Perform additional research and review related to the nature, origin, and limits of public right of way along State Road 23 within the project limits Work with LaPorte District to procure what, if any records within their possession that are applicable to the topic at hand Procure title searches on the affected properties within the project limits and review the same Procure copies of recorded documents cited within said title searches and review the same o Prepare sketches resultant of this research and share with HWC Engineering and the COSB so that further discussions can take place and decisions can be made. o Procure appraisals on all affected properties as confirmed by this process to be properties where easements are needed. o Prepare certified mailings to owners of all identified parcels where needed easements have been confirmed. Previously, only unofficial preliminary discussions with some of them have been held. Given the project's overall timeline needs, it seems appropriate to do the research, determine what easements are in fact needed, secure appraisals on the same, assemble official correspondence and offer letters, and transmit the same via certified mail (as required). Responses to the same as provided by the landowners will then enable the project team to definitively determine what next steps will be needed in order to secure the needed easements and/or right of way so that the project can eventually proceed to construction. It is assumed that the COSB through their legal department will coordinate and conduct closings associated with any easement dedications after agreement is reached with the landowners involved. Budget is NOT included herein to actually pay for the needed easements and/or any fees associated with final easement transfer closings. ESTIMATED ADDITIONAL FEES „ Attached hereto please find an estimated `hourly not to exceed' fee representing the additional level of effort that may be necessary given the above assumptions related to the overall task. It should be noted that proposed budgets thereon associated with direct expenses are of an "allowance" nature. Meaning, any items determined to not be needed going forward will certainly Page 3 of 3 Jonathan Q. Query February 17, 2020 not be invoiced for, and we will only invoice for the actual costs incurred. If the costs of said items wind up being higher than anticipated, further adjustments may be needed to cover the same. CONCLUSION: We are prepared to begin activity on these tasks immediately upon notice to proceed, and as more pertinent details are determined, overall timeline estimates can and will be provided as more information becomes available. Feel free to contact me with any questions you may have. Respectfully /Jr..' d, enneth JoS Vice President & Chief Financial Officer H:\2018 Projects\2018-0150\Contract & Proposal Info\2020-02-17 proposal - updated.docx N E LU W v LL V) W — Y W - N Z Z ~ LL Q W Q CL De a co d Y ` CL v CL c E E U o� 0 C C �o u o 9 tom- ryrti,B, "Yyb1.� � B.M. +, '/ - Lffi. LL � o � c co �, w .o O w a as of U " Bx seOIABS IeuOIssaIOad O oo�� olci C N NM 4�A VJ U� CV EfY EL xax� 0 d O O ,C a 0 0 o -E E Bil E E E N ay O ID N n C N E N � U o H N n U sesuedx3 i3ena c a ro O O L6 rM N I I O C) L6 0) co r O 00 I I N L cnf') W co c 0 Q N C r1 ti a O Q Z N 2 Q_ EL O U d f a r �ooi� UNION M11 111111111°uriniiiii This is EXHIBIT K, consisting of pages, referred to in and part of thekgreement between Owner and Engineer for Professional Services dated June 27._2017. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. Two (2) 1. Background Data: a. Effective Date of Owner -Engineer Agreement: June 27, 2017 b. Owner: Board of Public Works, Citv of South Bend Indiana C. Engineer: HWC Engineering_- d. Project: Ci of South Bend —Prairie Avenue Water Main Loop 2. Description ofModifications: a. Engineer shall perform or furnish the following Additional Services: This Amendment includes the engineering services to update the final design, permitting, and additional services for the project due to delays in securing funding and acquiring easements. The detailed scope of services is included in Attachment 2. This work will be completed as a part of Exhibit A, Part 1— Basic Services and Part 2 — Additional Services. 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: The original agreement approved on June 27, 2017 included the study & report phase which consisted of completion of a scoping report to identify the recommended route for the water main extension to "loop" the Four Winds Casino water main to the City's water system and serve as a "Basis of Design" for the project. The scoping report was approved by the City on September 15, 2017. Amendment No.1 modified the scope of services to include the design, bidding, and construction engineering services in accordance with Exhibit A, Part 1— Basic Services for the recommended project in the scoping report. It also included land acquisition services in accordance with Exhibit A, Part 2 — Additional Services. The recommended project in the scoping report consists of approximately 6,500 feet of 12-inch diameter water main and all appurtenances including valves and hydrants. The project includes a jack and bore installation of 12-inch carrier pipe with 24-inch steel casing for the Paget (Exhibit K — (Amendment No. Two to owner -Engineer Agreement) -Attachment 1) EJCDC E500 Agreement Between Owner and Ergber for Professional Services. Copyright © 2008 Natonal Society of Professional Engineers for EJCDC. All rights reserved. crossing of US-31. It also includes a creek crossing along SR-23 and pavement replacement of SR-23 as required for the installation of the water main. Connection to an existing water main along SR-23 and at the Four Winds Casino is also included. See Attachment 1 for a layout of the proposed water main improvements. This Amendment No. 2 consists of reviewing & updating the final design with any changes or revisions as required and revising & resubmitting permits that have expired due to project delays related to financing and easement acquisition. This amendment also includes additional land acquisition services including updated easement descriptions, appraisals and buying/management. The detailed scope of services for Amendment No. 2 is included in Attachment 2. The responsibilities of Owner are modified as follows: There are no modifications to the responsibilities of the Owner as set forth in the Original Agreement. d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Following are the proposed fees for this Amendment for completing the scope of services included in Attachment 2. Compensation for the Final Design Phase shall be paid in accordance with Exhibit C, Article C2.01. Compensation for the Additional Services shall be paid in accordance with Exhibit C, Article C2.02. Final Design Phase (Lump Sum) $8,900 Additional Services (Hourl NTE) $23,495 Amendment No. 2 Total: $32,395 The schedule for rendering services is modified as follows: The period of service indicated in Exhibit C, Article C2.01.11 of the original agreement shall be modified to a period not exceeding 24 months from authorization to proceed with final design. The updated schedule anticipated for the phases identified in Exhibit A, Part 1— Basic Services and Part 2 — Additional Services is provided below. Preliminary Design Phase: Complete Final Design Phase: 180 days following Amend. #2 Approval Bidding Phase: 60 days Following Authorization to bid Construction Eng. Phase: Thrill Duration of Construction Additional Services: 180 days following Amend. #2 Approval Page2 (Exhibit K — (Amendment No. Two to Owner -Engineer Agreement)- Attachment 1) EJCDC E-500 Agreement Between Owner and EnIber for Professional Services. Copyright © 2008 Natonal Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/18/2020 .._.����..�� Department Public Works Name SueEllenDoudrick..........a - .......... ..... .............................. _ Division/Bureau Engineering ............_ BPW Date 2/25/2020 Phone Extension 5922 -....- Required -_ Prior to Submittal to Board , Legal Attorney Name: - 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 .�_�.... a [ Ch—ec.kthe riate Item'Te —Re Required _.._....... ......... olSubmissins � Agreement Amendment g Contract El Proposal 0 Addendum [� Professional Services El Resolution Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet El Quote Opening R Quote Award R Change Order No. C/O & PCA No. ❑ PCA El Ease/Encroach. R Traffic Control: Other: Required Information 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 Amount of El Increase [] Decrease Previous Amount $ Current Percent of Change:. New Amount $ Total Percent of Change: Copy Original ❑ ❑ 11 1:1 0 ❑ HWC Enaineerin ❑ Yes ® No ❑ If Yes, Approved by _mmPurchasi �............................ w ❑ MBE ❑ WBE No ❑Yes Name of Compap mmWWW� Prairie Avenue Water Main Loop 117-068 Water Professional Services ITITITmm _...... ........ 620-0640-658-3102 Engineering.....-,_ $32,395 (Previous Amount $192,500; P.O. Total $224,895) Unit Prices ..................................­.................................... __ Amendment No. 2 is for re -submittal of permits, utility coordination, appraisals, atisition services. Required Contractor's c ctor s Certification ....................... �� ❑ qred ation Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) _WW_.__._.... .. Required For Change Orders Only Disoersal After Aooroval VNVICINI �GN38 HlflOS AO AID i 4m dOOl NIVMUIVA� ACINAAV AINIV'dd CIASOdONd .......... — 1 " , ,, , llln 11 ll� I I'll, jilllltl I � � ( wl , , W f, ", I I , � 11 .fir, , ","N., ." .',t , I If, I — , , , z 0111.'Il 1,11 ,Ill 1, -, � �,:, r11 UM�I