HomeMy WebLinkAboutAmendment No 1 to Owner-Engineer Agreement – Additional Work Required by FERC for South Bend Dam 2020 - Christopher B. Burke Engineering, LLC.1316 COUNTY -CITY BUILDING ;a " � � PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD
4,�1y � � Fax 574/ 235-9171
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF
PUBLIC
March 24, 2020
Mr. Jon D. Stolz
Christopher B. Burke Engineering, LLC
115 W. Washington St., Suite 1368 South
Indianapolis, IN 46204
RE: Amendment No. 1 to Owner -Engineer Agreement
Dear Mr. Stolz:
The Board of Public Works, at its meeting held on March 24, 2020, approved the above
referenced amendment for additional work required by FERC for the South Bend Dam in an
amount, not to exceed $32,200.
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 ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR
This is EXHIBIT K, consisting of pages, referred to
in and part of the Agreement between Owner and
Engineer for Professional Services dated Decefber 16,
2019.
AMENDMENT TO OWNER -ENGINEER AGREEMENT
Amendment No. 1
1. Background Data:
a. Effective Date of Owner -Engineer Agreement: December 16, 2019
b. Owner: Board of Public Works, City of South Bend, Indiana "Owner"
C. Engineer: Christopher B. Burke En ineerin , LLC CBBEL "En ineer"
d. Safety Surveillance anMonitoring d Report
Protect: South Bend Dam - mDam Saf........ ——-
2. Description of Modifications;
a. Engineer shall perform or furnish the following Additional Services:
Task 1 — Update DSSMP — In accordance with the request from the Federal
Energy Regulatory Commission (FERC), CBBEL will update the Dam Safety
Survaillance and Monitoring Plan (DSSMP) for the South Bend Dam. Updates
include adding a requirement to obtain a bathymetric survey and underwater
inspection following unusual flooding events, adding a requirement to visually
monitor the dam and instrumentation during unusual flooding events, general
corrections to outdated information, and modifications as needed to make the
document consistent with current FERC guidance. The updated DSSMP will be
submitted with the 2020 Dam Safety Surveillance and Monitoring Report
(DSSMR).
Task 2 — Staff Gage Recommendations — FERC requested that the staff gages
be replaced so that the height of the gages extends above the water surface
elevation of the February 2018 flood and below the lowest historic water suface
elevation. CBBEL will review historic high and low water suface elevations at the
site and will make a recommendation on the height of the new gages.
Task 3 — Bathymetric Survey and Underwater Inspection — FERC requested
that a bathymetric survey and underwater inspection be performed to access the
potential impacts of the February 2018 flood event on the stability of the dam.
CBBEL will retain Lawson -Fisher Associates, P.C. to peform a baythmetric
survey of the area immediately downstream of the dam to approximately the
downstream end of Island Park. In addition, CBBEL will retain Gus Commercial
Divers to perform an underwater inspection of the dam and appurtenant
structures. It is expected that both the bathymetric survey and underwater
Page 1
(Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1)
EJCDC E-500 Agreement Between Owner and Engineer for Professional Services.
Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
inspection will be performed during low flow conditions which may require
coordinating releases from the Twin Branch Hydroelectric Project.
Task 4 — Stakeholder Meeting and Coordination — CBBEL will participate in a
meeting with representatives from the City of South Bend, University of Notre
Dam, and Lawson -Fisher Associates, P.C. to discuss the project and coordinate
the submittal of the requested information to FERC. CBBEL anticipates
additional coordination with stakeholders throughout the project.
Task 5 — Gate Operation Certification — The Annual Spillway Gate Operation
Certificate must be completed each year. CBBEL staff will observe operation of
the three East Race gates by City staff and will assist in preparation of the
certificate to submit to FERC. It is expected that the certification will be part of
the 2020 DSSMR submitted to FERC in 2021.
Task 6 — Dam Safety Signage — Dam safety signage is proposed on the upstream
side of the Jefferson Boulevard bridge and downstream side of the Colfax Avenue
bridge. CBBEL will provide design assistance for mounting and securing the
signs.
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: N/A.
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 on a
time and material, aggregate not -to -exceed basis in accordance with Engineer's
standard charges for professional services:
Task 1: $4,000
Task 2: $1,100
Task 3:: 2,2(l0
Task 4: $1,500
Task 5: $800
Task 6 : $2,600
See the attached fee justification and subconsultant proposals.
The schedule for rendering services is modified as follows:
- Complete final DSSMP and DSSMR by April 1, 2020
Page 2
(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.
- Complete bathymetric survey, underwater inspection, staff gage
recommendations, and dam safety signage by December 31, 2020
f. Other portions of the Agreement (including previous amendments, if any) are
modified as follows: N/A
5. Agreement Summary (Reference only)
a. Original Agreement amount: 5,000
b. Net changefor prior amendments: $-............
p 0
c. This amendment amount: $ 32,200
d. Adjusted Agreement amount: $ 37,200
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 modified by this or previous Amendments remain in
effect. The Effective Date of this Amendment is
OWNER:
City of South Bend Board of Public Works
L6.5
ENGINEER:
Christopher B. Burke Engineering, LLC_mm .......... _ ......
By: Jon D. Stolz
_._�� DAM
Title: Mana ing Vice President
Date Signed: March 12, 2020
Page 3
(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.
0
t� �9 III III � COST PROPOSAL FOR PROFESSIONAL SERVICES
PR(? LC INI°ORMATION
Project Name: South Bend Dam DSSMR Amendment Proposal Date: 12-Mar-20
Project Location: South Bend, Indiana
Prepared for: City of South Bend, Indiana
Contact: Sue 1.len Doudiickc, P 1 i
13oa.cd of Pe.tblic Works
'A.`a 5 74-23.'.'i-5922 office
Fax::
FinaH:
Prepared by: Christopher B. Burke Engineering, LLC
Contact: 3r.mrnn JI I tor„kc, I" III
PNC Center, Suite 1368 South
Tel: 317-266-8000
115 West Washington Street
Fax:.3'fl 7-6,121-9`'306a
Indianapolis, Indiana 46204
Email
FEE SUMMARY
(See following pages for Phase and Task details.)
CBBEL Labor
Subconsultant
Direct
Total
Phase
IIc[wription
Fees
Fees
Costs
Cost
1 )SST\M Amendment
S
12,765
S 19,475
S
S 32,240
2
S
S
S
$
3
S
5
S
$
4
$
$
S
$
5
S
S
S
$
6
S
S
S
$
7
S
5
$
S
8
S
S
$
$
9
;
$
$
$
S
$
$
Projccl Tolav S
12,765
S 19,475
$
Subconsultant Support Summary
Subconsultant
Direct
Percentage of
Total
Firm
Work Deacriptk)n:
Fees
Costs
Total Fees
Cost
GUS
Undenvater.I_ivcfnspecuon S
4,275,00
S!
133%
S 4,275,00
LFA
bathyrnetdc Survey $
15,20000
5
47.1°/
' .4 15,200,00
$
S
$
$
S
S
$
S
S
S
S
S
S
S
S
S
S
$
$
S
$
Total Subconsultant Fees S
19,475,00
5
60,41,
$`=
Included in Project Total Above
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GUS COMMERCIAL. L.DIVERS
12839 INDUSTRIAL PARK DR
P.O. BOX 51
6
GRANGER, IN 46530
Voice: 574-273-9122
Fax: 574-272-9067
b ,.
BURKE ENGINEERING. LLC
115 WEST WASHINGTON STREET
SUITE 1368 SOUTH
INDIANAPOLIS, IN 46204
ESTIMATE
Estimate Number: 672
Quote Date: Feb 17, 2020
Page: 1
Customer I:Du..� Good Thru ...... Payment
30 Days
.... ...__ ..� .Sales Rep _ ..� ...m
BURKE 3/18/20
PAUL A. HUMMEL, PE
PIPER C. TITTLE, PE
MICHAEL J. GUZIK, PE
9033.27
GREGORY L. HOLDEN, PE
February 13, 2020
JON E. RIEMKE, PE
Via Email — 2/13/20)
L
JEFFREY(Sent
CHRISTO
CHRISTOPHER J. JETER, PE
ERJ.McKJE, R,
DENNIS A. ZEBELL, PE
Mr. Jason Durr, PE
DAN G. DELGADO, PE
Director, Northern Indiana
JARED M.HUSS,PEAARON
Christopher B. Burke Engineering, LLC.
W. BLANK, PS, PE
220 West Colfax Avenue, Suite 500
BREAGAN P. EICHER, PE
KEVIN J. SIEDLECKI, PE
South Bend, IN 46601
CHRISTOPHER M. VANHULLE, PE
MICHELLE M.G. SLACK, PS
RE: Proposal for Consulting Engineering Services
MAX WATKINS, PE, SE
South Bend Dam — Downstream Bathymetric Survey
DMITRI G. ADAMS, PE
AMANDA R. BUDREAU, PE
JOSEPH D. DUNBAR, PE
Dear Mr. Durr:
ETHAN L. ZARTMAN, PE
Thank you for the opportunity to submit this proposal to provide consulting engineering
services for the South Bend Dam — Downstream Bathymetric Survey Project. We appreciate
your consideration of LFA and welcome the opportunity to work with Christopher B. Burke
Engineering LLC (CBBEL). The following is a Project Description, Scope of Services, Schedule
and Fee for the project.
i` •;fir, ' "'
The Federal Energy Regulatory Commission (FERC) requires that an underwater
inspection and a bathymetric survey be performed every ten (10) years at the South
Bend Dam. In their December 2019 triennial inspection report, FERC required an
additional inspection and survey be performed due to the flood of record that occurred in
February 2018 and the history of scour and erosion issues at the dam.
Coordinate with American Electric lower ARl' Re a din Water Release from the Twin
Branch Hydroelectric Pro/ect
In the past AEP has been able to work within their FERC requirements to limit outflow
from the Twin Branch project to allow for lower River flows during the underwater
inspection and bathymetric survey. While this does not stop flow over the dam, the lower
flow does allow for a safer inspection and survey. Coordination with AEP, the FERC and
the Indiana Department of Natural Resources (IDNR) is required in order to manipulate
the impoundment level upstream of the Twin Branch Dam. LFA will conduct this
coordination for the Bathymetric Survey. Depending on timing, it may be advantageous
to conduct the underwater dive inspection during the same time period.
A♦ Z 0 4W "'I
During previous inspections the riverbed downstream of the dam was surveyed to
monitor the potential movement of riverbed material. After several surveys it was
concluded the riverbed had stabilized and there appeared to be no threat to undermining
of the Dam. Despite the most recent 10-year inspection having been performed in 2017,
FERC is requiring an additional survey and inspection be performed by December 31,
2020 because of the flood of record that occurred in February of 2018.
525 WEST WASHINGTON AVENUE . SOUTH BEND, INDIANA 46601 . 574-234-3167 . 574-236-1330 (FAX)
Mr. Jason Durr, PE
February 13, 2020
Page 2
LFA will collect topographic survey data below the water surface in support of the
monitoring of the river bottom conditions, just below the South Bend Dam. The
bathymetric data shall include:
• Mass collection of river bottom grading features typical for creation of a surface
model.
• Analysis of latest surface model in comparison to the surface models of the same
area created in 2002 and 2017.
• A letter of findings based on the surface model comparison.
• A plan drawing of the surface models for inclusion in CBBEL's Report.
• The underwater dive inspection and report is excluded from this scope of
services and will be coordinated and performed by others.
Schedule:
LFA proposes to complete the above scope of services by September 30, 2020. This
schedule is dependent on flows in the St. Joseph River being low enough to safely perform the
field survey work.
Fee:
LFA proposes to perform the above Scope of Work on an hourly basis in accordance
with Attachment "A". We propose a not -to -exceed fee of $15,200.
If this proposal is acceptable to CBBEL, please indicate your acceptance by signing in
the space provided below and return one copy to our office.
Thank you again for the opportunity to work with CBBEL and the City of South Bend on
this project. Please contact us if you have any questions or need any further information.
Very truly yours,
LAWSON-FISHER ASSOCIATES P.C.
ip r C. Tittle, PE
Vice President / Water Resources Director
Levin J. Siedlecki, PE.
Project Manager
KJS:PCT/kcb
Encls.
Mr. Jason Durr, PE
February 13, 2020
Page 2
ACCEPTED AND APPROVED this day of 2020
Christopher B. Burke Engineering LLC
Jason Durr, PE, Director, Northern Indiana
ATTACHMENT "A"
LAWSON-FISHER ASSOCIATES P.C.
PAYMENTS TO ENGINEER
1. Methods of Payment for Services and Expenses of ENGINEER. OWNER shall pay ENGINEER for professional
Services and Expenses as follows:
1.1 Basic Services:
1.1.1 General. For Services rendered an amount equal to ENGINEER's Salary Costs times a factor of 2.37 for all time for
Basic Services rendered by principals and employees engaged directly on the Project.
1.1.2 Resident Pro"cet Services. For services of ENGINEER's Resident Project Representative (and assistants) furnished
for the project on the basis of Salary Costs times a factor of 2.37 for services rendered by principals and employees
assigned to Resident Project representation.
1.1.3 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional
associates and consultants employed by ENGINEER to render Basic Services, the amount billed to ENGINEER
therefor times a factor of 1.10.
1.1.4 t erational Phase Services, For Operational Phase services famished, an amount equal to ENGINEER's Salary
Costs times a factor of 2.37 for services rendered by principals and employees engaged directly on the Project.
1.2 Additional Services:
1.2.1 General. For Additional Services of Engineer's principals and employees engaged directly on the Project and rendered
(except services as witness), on the basis of ENGINEER's Salary Costs times a factor of 2.37.
1.2.2 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional
associates and consultants employed by ENGINEER to render Additional Services, the amount billed to ENGINEER
therefor times a factor of 1.10.
1.2.3 Serving has a Witness. For services rendered by ENGINEER's principals and employees as consultants or witnesses in
any litigation, arbitration or other legal or administrative proceeding at the rate of 1.35 times the rates in Paragraph
1.2.1. Compensation for ENGINEER's independent professional associates and consultants will be on the basis
provided in paragraph 1.2.2.
1.3 Reimbursable Expenses. In addition to payments provided for in paragraphs 1.1 and 1.2, OWNER shall pay
ENGINEER the actual costs (except where specifically provided otherwise) of all Reimbursable expenses incurred in
connection with all Basic and Additional Services.
1.4 Snecialized Equipment, In addition to payments set out above, a charge may be made for specialized equipment usage
as required.
2. Times of Payments,.
2.1 Engineer shall submit invoices covering each calendar month for Basic and Additional Services rendered and for
Reimbursable Expenses incurred. OWNER shall pay ENGINEER promptly within thirty (30) calendar days following
the ENGINEER's rendering of these invoices to the OWNER.
Page 1 of 2
1/16/08
Other Provisions Concerning Pa n eats:
3.1 If OWNER should fail to make any payment due ENGINEER for services and expenses within sixty (60) calendar
days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1%
per month from said sixtieth day, and in addition, ENGINEER may, after giving seven days written notice to OWNER,
suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses
and charges.
3.2 In the event of termination by OWNER upon the completion of any phase of the Basic Services, progress payments due
ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of
such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the
charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and
paid for services rendered during that phase on the basis of ENGINEER's Salary Costs times a factor of 2.37 for
services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly
on the Project. In the event of any such termination, ENGINEER will be paid for all unpaid Additional Services and
unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable
Expenses directly attributable to termination, which, if termination is at Owner's convenience, shall include an amount
computed as a percentage of total compensation for Basic Services earned by ENGINEER to the date of termination, as
follows:
20% if termination occurs after commencement of the Preliminary Design Phase but prior to
commencement of the Final Design Phase; or
10% if termination occurs after commencement of the Final Design Phase.
3.3 Records of ENGINEER's Salary Costs pertinent to ENGINEER's compensation under this Agreement will be kept in
accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost, if
requested prior to final payment for ENGINEER's services.
3.4 Whenever a factor is applied to Salary Costs in determining compensation payable to ENGINEER, that factor may be
adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such
adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by
ENGINEER and consistent with ENGINEER's overall compensation practices and procedures.
4. Definitions:
4.1 The Salary Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all ENGINEER's
personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers,
draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and
statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes,
workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits.
The amount of customary and statutory benefits of all personnel of ENGINEER will be considered to be equal to 33%
of the salaries and wages, subject to equitable adjustment to reflect changes in ENGINEER's overall compensation
procedures and practices.
4.2 Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional
associates or consultants directly or indirectly in connection with the Project, such as expenses for: transportation and
subsistence incidental thereto; obtaining the bids or proposals from Contractor(s); providing and maintaining field
office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives
and their assistants; toll telephone calls and telegrams; reproduction of Reports, Drawings, Specifications, Bidding
Documents and similar Project -related items in addition to those required under Section l; and if necessary, overtime
work required higher than regular rates.
Page 2 of 2
1/16/08
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 3/17/2020
Department
Name Sue Ellen Doudrick Engineering
BPW Date 3/24/2020 Phone Extension 5922
m a
Review and Approval Required Prior to Submittal to Board
_..._._...._.__.............�..............._.... ........._ _ .. _ _ _ ..._.................
Diversity Compliance ❑ Officer Name
and Inclusion Officer
BPW Attorney ❑ Attorney Name
Dept. Attorney F] Attorney Name
Purchasing]
Check the Appropriate Item 3"° e —
Professional Services Agreement Contract
F-1 Open Market Contract
® Amendment/Addendum
]' Bid Opening
❑ Bid Award
Quote Opening
❑ Quote Award
EJ Proposal Opening
❑ C/O & PCA No.
Chg. Order, No.
❑ Traffic Control
Other:
Rpgq i j d Information
All Submissions
Proposal
IH Special Purchase, QPA
❑ Req. to Advertise
❑ Reject Bids/Quotes
�] PCA
❑ Resolution
Ease./Encroach
❑ Title Sheel
Company or Vendor Name
Christopher B. Burke Engineering, LLC ...............................
❑ Yes ❑ If Yes, Approved by Purchasing
New Vendor
® No
MBE
MBE/WBE Contractor
Completed E-Verify Form Attached ❑ Nos
E
Project Name
South Bend Dam 2020 DSSMR
Project Number
J
.... _._... .............................
111 2
Funding Source
....19 .......
Stormwater Fund
Account No.
667-0621-792-4204
Amount
_................._. ..........
$32,'�00
Terms of Contract
..............�..w---....�. � ��_.����� � ..............._...... .............w..........�.
HNTE
Purpose/Description Additional work will include tasks required by FERC: Bathymetric survey,
underwater inspection, staff gauge replacement design, dam ahead signage
design and coordination, yearly Gate Operation, and development of the
..
For Change Orders Only
Amount of Increase $
� .. mm_...... ........ ......
El Decrease ($
Previous Amount
$
..._..__.....%...
Increase
Current Percent of Change:
Decrease
( %
New Amount
$
Increase
Total Percent of Change:
Decrease
Time Extension Amount:
New Completion Date: