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Home My WebLink AboutAmendment No 2 to Agreement - Coordinate Improvements for Establishing and Maintaining West Side Quiet Zones – Patrick Engineering Inc.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS Mr. Glen Campbell Patrick Engineering Inc. 450 Vale Park Rd., Suite F Valparaiso, IN 46385 c�') t:r:ickco co RE: Amendment No. 2 to Agreement Dear Mr. Campbell: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on June 23, 2020, approved the above referenced amendment to coordinate improvements for establishing and maintaining the West Side Quiet Zones in an amount, not to exceed $25,500, with a new total of $79,000. Enclosed please find the original of the amendment for your signature. Please sign and return the original amendment to flierislcry„(�r> c t;;�z t� ;its gc; ; . Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Enclosure Sincerely, s/Linda M. Martin, Clerk June 23, 2020 GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR This is EXHIBIT K, consisting of 7 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services date June 23, 2020. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 02 1. Background Data: Effective Date of Owner -Engineer Agreement: June 23, 2020 b. Owner: Board of Public Works, City of South Bend C. Engineer: Patrick Engineering Inc. d. Proj ect: South Bend - West Side Quiet Zone 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: Non -Traversable Curb Median Amendment — see attached Exhibit A b. The responsibilities of Owner are modified as follows: see attached Exhibit B d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: see attached Exhibit D e. The schedule for rendering services is modified as follows: see attached Exhibit C f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: None 5. Agreement Summary (Reference only) a. Original Agreement amount: $ 28,500.00 b. Net change for prior amendments: $ 25,000.00 c. This amendment amount: $ 25,500.00 d. Adjusted Agreement amount: $ 79,000.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, ineluding these sot fai4h i E-�E ibit G. Page 1 (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. 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 June 23, 2020. OWNER: City of South Bend, Indiana Board of Public Works WARD or PUBJac woJu s Gary A. Gilot, Pmsidmt �- 3,4 _J_ ftV,7- Elizabeth A Maradik, Member -- ;�-y Joseph R. Mahar, Member Therese J. Doran, Member Jordan V. Gathers. Member A 1 TE S'P: Linda M. Martin. Clerk ENGINEER: Patrick Engineering, Inc. By: Jeffrey C. Schuh, P.E. Title: President Date Signed: 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. ServicW o Ih), , Ip a uN r1o,„N".IIW N II:. °1° II IPII , II:N ud II uIE N 112° The City of South Bend (City) engaged Patrick Engineering Inc. (Patrick) to study and assess the required improvements and associated costs necessary to establish a quiet zone along the along the Norfolk Southern Railway (NS) Dearborn Division/Chicago Subdivision, as well as the Canadian National (CN)/Grand Trunk Western Railroad (GTW) Midwest Region/South Bend District. As part of that study, Patrick recommended that the quiet zone be split into three separate quiet zones, for funding and implementation purposes. As part of the study phase Patrick anticipated a single diagnostic review meeting and three (3) coordination meetings with the City. Moreover, as part of the "Implementation" phase/budget Patrick anticipated a single implementation/issuance of notices. As previously indicated the project area was split into three (3) zones. Therefore, during the implementation of the NS Quiet Zone, additional effort/coordination including coordination of NOI comments, meetings for proposed signal improvements, and coordination of agreements/change in project improvements with NS, FRA, and the City, was required to keep the quiet zone implementation progressing to meet the desired date of establishment. Furthermore, additional effort will be required to coordinate the implementation of the remaining two (2) zones (i.e. NICTD and CN-GTW); therefore, this Change Order summarizes the extra effort that has been expended and a projected additional amount of effort needed to establish the three quiet zones. Additionally, the City is proposing non -traversable curb median improvements as safety measures for Ford Street along the CN-GTW line within the limits of the desired West Side quiet zones. The City has engaged Patrick to perform the detailed design, railroad coordination and bid documents for the required non -traversable curb median improvements at Ford Street (DOT#283328K, MP 99.18) and NIPSCO driveway improvements at Grandview Avenue (DOT #870392D, MP 3.18). 00+'E 'oN"'11e N ...., NS )M',i *uoN°11/(„_; Patrick has expended extra effort as follows to -date: ■ Additional 4 hours for conference calls/email coordination for concept design assistance to City with pavement marking, signage placement and specifications. ■ Additional 16 hours completed by Patrick to coordinate NOI comments received from NS and schedule follow-up conference calls with NS, FRA regarding proposed improvements and additional NS signal improvements. ■ Additional 3.5 hours to coordinate, travel and attend second In -Person Field Meeting with NS and the City for Meade Street. ■ Additional 2 hours to coordinate construction agreement with NS. ■ Additional 4 hours to coordinate Notice of Establishment with NS and revise for submission. 00,:E Zone ' .... CJI u u :; R'm RW c,uuor/Sou..0 l "u I ein" N)ns lu"nd Patrick has expended extra effort as follows to -date: ■ Additional 2 hours to coordinate construction agreement with CN. ■ Additional 2 hours for assistance to City with concrete median concept and research. ■ Additional 3 hours to coordinate with FRA and revise Notice of Intent for City to send to FRA. I I fls I FMPO 11 1 ,: il`I' 1I111U 11 FI )NM ll I ARY 1 i 1 I` IIM::'.0 111 IIII 11;111 II1V 11I1!l) i111111`I, VI 1111`1 I,I �;¢:a11 IN M1Il1L.. 11`11`, 11VII11 10 U I S, fluI, � AIAIIA I W 11%, 1 1 Y S 111'lll`/r "I I tllNA A II A"I 1V I�111ud: uu W AAII i1IIU Inr111b: 1�i11 uIdlH T( Ad IW)llkIY III I�)Y IM I: ha it l II iI IIII "AII9)7I1 I I I I 11I M Ss INMII1.::Ga A'V, I III it I � A I I M K I:::Il II IA I1 � I M iI u1v;.,, 11111611111111111111111 ENGINEERING 00IE ''oN"ll+ " 3 ...., I fl= ,o a hhi S I i ,o„ e I fine cfl� A,^w'"e Iin Ve Patrick has expended extra effort as follows to -date: ■ Additional 4 hours to coordinate Letter of Waiver for CWT with NICTD. ■ Additional 12 hours for additional coordination services with NIPSCO and NICTD to coordinate driveway reconfiguration with NIPSCO partners, including phone meetings and conceptual design of the NIPSCO driveway reconfiguration at Grandview Avenue. ryIIalull for Patrick shall lead project efforts by hosting a meeting to discuss the project goals, preliminary challenges, schedule, as well as begin the field survey process. Patrick shall coordinate and participate in teleconferences and online meetings (as required) during the project. Patrick shall attend the following project meetings in person: ■ One (1) Initial Project meeting at City Hall (or location of your choosing). ■ One (1) In -Person Coordination/Review Meeting with the City Patrick shall prepare and submit meeting minutes for the following meeting: ■ Initial Project meeting ■ In -Person Coordination/Review Meeting with the City It is not anticipated that Patrick personnel will need to enter railroad right-of-way (R/W) for this scope of work. Patrick shall be responsible to ensuring that all staff who enter onto railroad R/W have obtained the required safety briefing from the appropriate railroad supervisor or flagman. Patrick staff that enters onto railroad R/W shall be eRailsafe certified and have current roadway worker protection training. Patrick shall notify the appropriate railroad before entering railroad R/W. 11 V ��'. Il l+ ' sry'��:d V�� V� d, „"'IIV P I yy II for V „k,.l I IIV ,Vrc:d Scope p'e Task 1: Topographical Field Survey The scope shall include the minimum survey required to assemble final design plans for bidding. We have anticipated that the Ford Street survey work may be completed outside of the gate limits and therefore the costs for CN Right - of -Entry (ROE) and flagging have been excluded. Task 2: Detailed Design of Safety Improvement easures This task shall be to provide full design services to construct improvements as defined as non -traversable curb medians necessary to keep the Quiet Zone Risk Index (QZRI) equal to or below the National Significant Risk Threshold (NSRT) or Risk Index With Horns (RIWH) which will qualify as Supplemental Safety Measures (SSMs) or Alternative Safety Measures (ASMs) at the aforementioned public at -grade crossings. Modifications will also be required at the NIPSCO driveway at the northeast quadrant of the NICTD Grandview Avenue crossing, and will be included in the design work. Task a Develop BidDocuments It is assumed that one construction package will be prepared for all work. INDOT standards will be used for any required traffic control. The plan and profile sheets will also include drainage, grading, and basic restorative landscaping if needed. Special Provisions will be prepared and will include City and INDOT items. The associated I I fls IFMPO 111 ,: A"VdI1I lU 11 FI )NM IlR'11 i1I`IIM::'.0 III II IIII;III II1V 11I1!D A"I I AIl`I':P Vlll ll`II,I �; All IN M II IIL.. V11`, 11VIN 10 UID, flu I, �AIAIIll I W 11%, 1 1 Y S IIIOI1%/F IIII tllNA A IIA"I 1V I�1I1ud: uu W AAII ilkIU IAI 11b: f�)I uIdlH T( Ad IW)llkIY III I�)Y IM I: ha it l II iI IIII "lIII9)7I1 I I I I 11I M Ss INMII1r'a kV, I III it I � A I I M K I:::Il II IA II � I M iI u1v;.,, 11111611111111111111111 ENGINEERING engineer's opinion of probable costs will also be prepared. This task includes preparation of required forms for submittals and the bid documents. It is assumed that the City will provide the upfront contract for the bid package. Task 4: Railroad Coordination and Outreach The modification of improvements will require participation and/or coordination with the FRA, INDOT, St. Joseph County, NS, CN, NICTD and local agencies and/or road authority(ies). Patrick will continue to provide coordination with the Railroads governing these crossing locations for approval of the proposed improvements. It is understood that the City will perform any required coordination with other appropriate agencies to obtain approval of the non - traversable curb medians. Additional meetings can be attended if needed and will be considered additional services. Task a Implementation Patrick shall prepare the Notice of Establishment (NOE) paperwork for the City to utilize when crossing modifications have been fully constructed for the quiet zone in preparation for the submittal to amend the established quiet zone. The NOE will outline the final approved median improvements. It should be noted that this step usually follows all FRA ASM approvals and construction of crossing improvements, which the schedule will ultimately be determined by the City and influenced by the selected improvements. All improvements need to be fully constructed before the amended NOE can be sent by the City. The amended Notice of Establishment is the legal document submitted by the City to designate modifications to the existing quiet zone. It is required that a copy of the amended NOE be sent to all recipients on the Certificate of Service via certified mail as outlined in The Final Rule. I I fls IFMPO 111 ,: A"VdI1I lU 11 FI )NM IlR'11 i1I`IIM::'.0 III II IIII;III II1V 11I1!D ill I AII'':P Vllll l`II,I �; All IN M II 111 V11`, 11VIN 10 UID, flu I, �AIAIIll I M IIII]Y S IIIOI VrIIII tllNA A IIA"I 1V I�1I1ud: uu W AAII ilkIU IAI 11b: f�)I uIdlH T( Ad IM)llkIY III I�)Y IM I: ha it l II iI IIII "AII9)7I1 I I I I I1I M Ss MII11111 A'V, IIII I al I � A I I M K I:::I'I II IA II � I M iI u1v;.,, 11111611111111111111111 ENGINEERING A ift uulforrviahorll y..uun�cl 'Ser ,i , o I[u)e II:u rrn a~ued l le� The OWNER shall furnish the ENGINEER with the following: 1. Criteria for design and details for signs, signals, highways such as grades, curves, sight distances, clearances, etc. 2. Standards specifications and standard drawings applicable to project. 3. Available data and previous studies from the transportation planning process. 4. Provide access to enter upon public and private lands as required for Patrick to perform work. 5. A local representative with decision -making authority for inquiries. 6. Payment of all permit, flagging and review fees required by agencies having jurisdiction over this project data. I I fls IFMPO 111 ,: A"VdI1I lU 11 FI )NM IARY i1I`IIM::'.0 III II IIII;III II1V 11I1!D ill I AII'':P Vlll ll`II,I �; All IN M II 111 V1I`, IIVIN 10 UID, Ilu I, �AIAIIll I M II`11]Y S IIIOI1%/F "I I tllNA A IIA"I 1V I�1I1ud: uu M AAII ilkIU IAI 11b: Dill uIdlH T( Ad IM)llkIY III I�)Y IM I: ha it l II iI IIII "lIII9)7II I I I I 11I M Ss MII11111 kV, I III it I � A I I M K I:::Il II IA II � I M iI u1v;.,, 11111611111111111111111 ENGINEERING No work under this Contract shall be performed by the ENGINEER until the ENGINEER receives a written notice to proceed from the OWNER. All work by the ENGINEER under this Contract shall be completed and delivered to the OWNER for review and approval within the following approximately time periods. Variations from the schedule may be agreed upon by the OWNER and ENGINEER. 1. Initial Meeting with the OWNER within 7 calendar days from Notice to Proceed (NTP). 2. Field Survey Completed within 14 calendar days from Notice to Proceed (NTP), weather dependent. 3. Preliminary Plans within 30 calendar days from receipt of survey. 4. Review Meeting (if necessary) with City within 14 calendar days of submission of Preliminary Plans. 5. Final Contract Plans within 30 calendar days of receipt of City Draft Contract Plan comments. 6. Notice of Intent: To Be Determined. 7. Notice of Establishment: To Be Determined (but no sooner than 60 days from the Notice to Intent and after receipt of FRA ASM approval). I I fls IFMPO 111 ,: A"VdI1I lU 11 FI )NM IARY i1I`IIM::'.0 III II IIII;III II1V 11I1!D A"I I AIl`I':P Vlll ll`II,I �; All IN M II IIL.. V1I`, IIVIN 10 UID, Ilu I, �AIAIIll I W IIII]Y S IIIOI1%/F IIII tllNA A IIA"I 1V I�1I1ud: uu W AAII ilkIU IAI 11b: Dill uIdlH T( Ad IW)llkIY III I�)Y IM I: ha it l II iI IIII "AlI9)7II I I I I 11I M Ss MII11111 kV, I III it I � A I I M K I:::Il II IA II � I M iI u1v;.,, 11111611111111111111111 ENGINEERING BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 06/17/2020 Name Becca Plantz Department Public Works BPW Date 06/23/2020 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name Michael Patton BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ® Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Company or Vendor Name Patrick En New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information U Yes U If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑ Yes No West Side Quiet Zone 117-114 Engineering Professional Services 101-0608-431.3106 Amendment Total $25,500 (0riginal+A1+A2=$79,000) NTE —Amendment 2 to PSA with Patrick Engineering to coordinate the required improvements and associated costs with establishing and maintaining Quiet Zones. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Combletion Date: Increase Decrease Increase Decrease