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HomeMy WebLinkAboutAmendment No 2 to Professional Services Agreement - Dam Safety Surveillance and Monitoring – Christopher B. Burke Engineering, LLC1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 8, 2020 Mr. Aaron J. Fricke, P. E. Christopher B. Burke Engineering, LLC PNC Center, Suite 1368 South 115 W. Washington St. Indianapolis, IN 46204 RE: Amendment No. 2 to Professional Services Agreement Dear Mr. Fricke: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on September 8, 2020, approved the above referenced amendment for the dam safety surveillance and monitoring report for an Emergency Action Plan Exemption in the amount of $14,200. 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, s/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 December 16, 2019. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 2 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 Engineering, LLC (CBBEL) ("Engineer") d. Project: South Bend Dam — Dam Safety Surveillance and Monitoring Report 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: Task 1 — Emergency Action Plan Exemption — CBBEL will perform a cursory desktop and visual evaluation to determine if there have been observable changes in upstream or downstream conditions that may affect the determination that no reasonably forseeable emergency at the dam would endanger life, health, or property. This evaluation is expected to only include a review of publicly - available aerial photography and observations at the site and specifically excludes dam failure flood inundation mapping. CBBEL will prepare a brief annual report of the field reconnaissance in support of the continued Emergency Action Plan (EAP) exemption. It is assumed that Owner or University of Notre Dame will provide the updated emergency contact list. Task 2 — Simple Quote Package — CBBEL will prepare a simple quote package for installation of new upstream and downstream staff gages at the dam as well as dam safety signage to be installed on or near the Jefferson Boulevard and Coflax Avenue bridges. The simple quote package will include Owner's standard form and front-end documents as well as the necessary drawings and technical specifications. CBBEL will coordinate with Owner and the St. Joseph County Highway Department as needed to determine sign installation design details. Per Owner's request, CBBEL will purchase the staff gages as a reimbursable expense to be stored by Owner until ready for installation by the selected contractor. It is assumed that Owner will solicit and receive quotes from contractors. 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: 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. Amendment 1, Task 3 — Bathymetric Survey and Underwater Inspection — CBBEL will retain J.F. Brennan Company, Inc. to perform an unerwater inspection of the dam and appurtenant structures in lieu of Gus Commerical Divers who is no longer in business. 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: Amendment 2, Task 1: $1,000 Amednment 2, Task 2: $7,000 (includes expense for staff gage purchase) Amendment 1, Task 3: $6,200 (additional fee beyond original consultant's quote) See the attached fee justification and subconsultant proposal. e. The schedule for rendering services is modified as follows: - Complete all services 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 change for prior amendments: $ 32,200 c. This amendment amount: $ 14,200 d. Adjusted Agreement amount: $ 51,400 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 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. OWNER: BOARD OF PUBLIC WORKS Gary A Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member �,, "No - 'I J. Dorau, Member Jar 1- V. Gathers, Member TIEST: 1§2irr1rr CCi�xr7iu Linda M. Martin, Clerk ENGINEER: Christopher B. Burke Engineering, LLC By: Jon D. Stolz <;�2 4V Title: Managing Vice President Date Signed: August 21, 2020 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. Project Location: South Bend, Indiana Prepared for: City of South Bend, Indiana Board of Public Works Prepared by: Christopher B. Burke Engineering, LLC PNC Center, Saute 1368 South 115 West Washington Street Indianapolis, Indiana 46204 Contact: Sue Ellen Doudrick, P.E. Tel:574-235-5922 Office Fax: Email: sdoudricifUsouthbendin.,- Contact: Aaron J. Fricke, P.E. Tel: 317-266-8000 Fax: 317-632-3306 Email: africkei(Ucbbel-i-com FEE SUMMARY (See following pages for Phase and TaskdetAs.) CBBEL Labor Subconsultant Direct Total Phase Description Fees Fees Costs Cost 1 DSSMR Amendment No. 2 S 6,808 S 6,115 S 1,277 S 14,200 2 S S S S 3 S S S S 4 S S S S 5 S S S S 6 S S S S 7 S S S S 8 S S S S 9 S S S S S S S S Project Total S 6,808 S 6,115 S 1,277 $ 14,200 Subconsultant Support Summary Subconsultant Direct Percentage of Total Firm Work Description Fees Costs Total Fees Cost JFB Underwater Dive Inspection S 10,390.00 S - 73.2 % S 10,390.00 GUS Underwater Dive Inspection S (4,275.00) S - -30.1% S (4,275.00) S S S S S S S S S S S S S S S S S S S S S S S S Total Subconsultant Fees S 6,115.00 S - 43.1% Included in Project Total Above o H Hx w U w HUVUUUUVUUUUUU H vogzagrsszi� '�-' a� A U IenadS F p O z c '. III zsgenadS ' i aamosag nu��, AIu,IepadS - - - aomosag —H A 4s7' adS - - - aomosag III aadS SIJ AI aadS SI9 0 u. w' z o II QVD i O o. F ✓ KK W N M a n III q° j,2 H os-'Zs G AI 9°a,I2oH ry o III �auve[d sag O AIa -ld sag A --ld sag H p; W Q---- - - - - -- w III aaam2og 39I`£S w� -. v,. v,. v,. v,. v,. v,. v,. v,. v,. ai AI'—!2-El 098$ V P7 A iaavr8vg F U F W "s "s z W o Q ati U w c v� Q � F � a z a .� � w � � w w,L7 BSV,L IF Brennan Compaaniy, NIinc. kil£) 13 nirthrid li<yrsd 6 Li C ira,.,o; W460'3 J.F. BRENNAN TERMS CONTRACT PROPOSAL TO: Aaron J. Fricke, P.E. Civil Engineer Christopher B. Burke Engineering, LLC 115 West Washington Street, Suite 1368 South, Indianapolis, IN 46204 Phone: 317.266.8000 Email africke�cbbel-in.com SUBMITTED BY: J.F. Brennan Co., Inc. (Hereinafter referred to as Brennan) 818 Bainbridge Street LaCrosse, WI 54603 FOR PERFORMING THE FOLLOWING: - Mobilization and Demobilization. - Dive inspection of the South Bend In -Channel Dam. - Provide a formal dive inspection report, outlining the general condition of the structure. DATE OF SUBMISSION: Wednesday, August 19, 2020 This proposal is good for 90 days after the date of submission. By signing below the client and Brennan agree to the terms described within this proposal: ACCEPTED BY THE CLIENT: ACCEPTED BYTHE BRENNAN: J. F. Brennan Co., Inc. By: By: i i IF Brennan Comp aniy, inc. kil£) 13 nirthrid li<yrsd 6 Li (ira,.,o;'M 460'3 1) To furnish all labor and cover all construction related costs, such as insurance and taxes, incidental to such labor, necessary to carry out the work, as outlined under this proposal. 2) To supply the necessary materials and supplies together with equipment and tools required to carry out the work, as outlined under this proposal. 3) To use, free of charge to the Client, every patented or unpatented process owned or controlled by Brennan and to warrant to the Client that Brennan owns or has the right to use any patented processes, devices or parts required in the work, and to indemnify the Client against any royalties, license fees or any other claims or demands by reason of the use thereof, whether or not such processes, devices or parts are specified by the Client or are used in the work by Brennan without such specification. 4) To comply at all times with any instructions given by the designated representative of the Client, provided that Brennan shall retain full control of its patented materials and processes, and provided that such instructions are not inconsistent with the provisions of this proposal. In furtherance of the foregoing, the Client understands and agrees that Brennan shall be solely responsible for, and shall have control over, all construction means, methods, techniques, sequences, processes and procedures and for coordinating all portions of the work. Brennan shall not be required to train employees of the Client or of other contractors in any of its methods, processes and procedures, and Brennan shall be sole judge as to the number of its supervisory and other employees which will be required to insure quality of the work. 5) During the term of this agreement, Brennan shall maintain in full force and affect the following insurance coverage: a) Commercial General Liability with limits as follows: i) Each Occurrence $1,000,000 ii) General Aggregate (other than Products/Completed Operations) $1,000,000 iii) Products/Completed Operations Aggregate $1,000,000 OR as required by the client b) Worker's Compensation required by applicable State Law c) Automobile Liability insurance, including bodily injury and property damage coverage of at least $1,000,000 combined single limit on vehicles owned or hired by Brennan Insurance required in a — c above shall be placed with reputable companies. Further, insurance required is to provide for the liability of Brennan and/or its employees subject to the policy terms and conditions. Coverage purchased by Brennan and included as part of this agreement is not intended to cover the liability of the client in any manner, including but not limited to liability incurred against third parties and/or client's employees. 6) To carry out the work in a manner that focuses on safety, quality and efficiency. Work to be carried out under this proposal is subject to all delays arising out of or from the acts or neglect of the Client, changes in the work ordered by the client, strikes, lockouts, disputes or differences with workmen, fire, unusual delays in deliveries, or any other similar or dissimilar causes beyond the control of Brennan. IF Brennan Compaaniy, NIinc. kil£) 13 nirthrid li<yrsd 6 Li (ira,.,o;'M 460'3 This proposal is submitted with the understanding that the Client will agree: 1) To pay Brennan the amount outlined in the budgetary T and M table below: a) Assumptions & General Clarifications i) Pricing (1) Mobilization/De-mobilization: This proposal includes the price for one (1) mobilization and one (1) demobilization of crew and equipment from our Ottawa, IL office. (2) Dive days will be paid in full once onsite; no partial days are assumed. (3) Overtime dive crew hours beyond 10 hours per day will be billed at $645.00/hour. b) Other Assumptions, Inclusions & Exclusions i) This proposal includes the following: (1) Dive inspection of the predefined locations of the upstream and downstream faces of the dam structure (up to 12 hours of onsite time). (2) Brennan to provide a formal report outlining the inspection findings. (3) Brennan, in conjunction with the onsite operator will perform a thorough lock out/tag out of all hazards. (4) Downtime between water diversion operations will be less than 30 minutes. (5) River flows will be conducive to diving operations. c) This proposal excludes the following: i) Working with hazardous materials. ii) Permits licenses or fees of any kind. iii) Utility location services. iv) Penetration diving. d) This proposal assumes a contract with agreed upon terms and conditions will be arrived at prior to any work or incurring any other costs. e) This proposal is good for 30 days. 2) To pay Brennan the following direct costs plus a fee of 15 percent of such costs. a) All necessary materials. b) Transportation for materials and equipment. c) Other expenses incidental to the performance of the work. d) All state, local, and federal taxes other than those based upon net income. IF Brennan Compaaniy, NIinc. kil£) 13 nirthrid li<yrsd 6 Li (ira,.,o; W460'3 3) To furnish Bremian any required permits and licenses. 4) To furnish Bremian with drawings showing the locations of all services and utility lines. No responsibility will be accepted by Bremian for striking and/or breaking of any services and utility lines unless the foregoing obligation is fulfilled by the Client. 5) To provide a storage site and/or a plant site suitable for the work. 6) The parties to this contract agree to abide by the Construction Safety Act of 1969 and Occupational Safety & Health Act of 1970 and all amendments thereto and to be responsible for the acts of their employees. 1) All prior negotiations, proposals, orders, acknowledgements, correspondence and memoranda of any kind passing between the Client and Brennan are superseded by this proposal. The contract resulting from execution of this proposal by the Client and Brennan shall constitute the entire agreement between Brennan and the Client and shall not be modified or amended in any respect except in writing executed by Brennan and the Client. 2) Brennan represents that it will perform the work delineated herein in a professional manner and represents that its special materials and processes will comply with the specifications set forth in this proposal. Notice of any breach of these representations must be asserted within one (1) year following completion of the particular phase of the work involved and the sole obligation of Brennan under these representations shall be the making without charge to the client, of any necessary repairs, including replacement of any defective material to such extent as may be required, in no event, however, shall the obligation of Brennan under these representations require Brennan to incur expense for repairs or replacements as described above in an aggregate amount greater than the contract price specified in this proposal. By executing this proposal the Client agrees that there are no other representations, warranties or undertakings of any kind whatsoever, either expressed or implied, hereunder on the part of Brennan and agrees that the Client has not relied upon any such representations, warranties or undertakings, except as specifically set forth in this proposal. The liability of Brennan arising out of the contract resulting from the execution of this proposal by the Client and Brennan shall be only as in this subparagraph expressly provided, and Brennan shall have no other liability for any damage, consequential, special, indirect or otherwise. 3) Information used in foundation planning has been furnished to Brennan by the Client, representatives of the Client, or others. If the foundation conditions are not in accordance with information furnished, the recommended procedures and scope of work of this proposal may not necessarily apply. The responsibility for delays or liabilities incurred by conditions other than represented to Brennan is not accepted as part of the work by Brennan but is hereby expressly assumed by the Client. Additional expenses incurred by Brennan as a result of conditions other than represented shall be borne by the Client. 4) Any disagreement or claim arising out of or relating to this agreement, or any alleged breach thereof shall be settled by arbitration under the Construction Industry Arbitration rules of the American Arbitration Association as in effect on the date of this agreement. Any arbitration shall be held, and any award shall be made and judgment upon any such award may be entered in the county of the State wherein this agreement is finally consummated. Upon mutual agreement, arbitration may be held, award made, and judgment entered elsewhere. Should either party to the agreement formed upon execution of this proposal by Brennan and the Client employ an attorney to demand arbitration (a) to resolve any claims, disputes or other matters, (b) to enforce the agreement, (c) to protect its interest in any other matter arising under or related to the agreement, or (d) to collect damages for the breach of the agreement, the parry whose final position prior to hearing is IF Brennan Compaaniy, NIinc. kil£) 13 nirthrid li<yrsd 6 Li (ira,.,o; W460'3 most closely sustained by the arbitrator or arbitrators shall be entitled to recover reasonable attorneys' fees and expenses expended or incurred therein. 5) It is understood that Brennan's operations, which represent an effort to correct an aggravated and serious condition have been successful in other instances. However, there may be latent conditions and stresses which may assert themselves when an effort is made to correct the obvious faults. Reasonable precautions will be taken to protect structures, drains, sewers and conduits but nothing can prevent grout from entering broken sewer lines, open joints, etc. Therefore, it is understood and agreed that Brennan is relieved of the responsibility for any conditions which may develop as a result of Brennan's corrective measures. 6) The proposal is made on the Client's representation that Brennan's right to Mechanic's Lien has not been and is not waived. At final payment Brennan shall release any rights it may have against the Client for labor and materials famished and for work installed by Brennan. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/26/20 Name Sue Ellen Doudrick/Rebecca Plantz Department Egg. BPW Date 9/8/20 Phone Extension 5922 Required Prior to Submittal to Board BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ® Michael Schmidt 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 ❑ Other: ❑ Ease./Encroach Required Information Company or Vendor Name Christopher B. Burke Engineering, LLC ❑ Yes ❑ If Yes, Approved by Purchasing New Vendor ® No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name South Bend Dam 2020 DSSMR Project Number 119-112 Funding Source Stormwater Funds Account No. 667-06-605-517-442002 Amount $14,200 Terms of Contract HNTE Purpose/Description Emergency Action Plan Exemption, assistance with preparing quote package for river level gauges and dam safety signage, underwater inspection previously approved in Amendment 41 was to be performed by Gus Commercial Divers who is no longer in business. JF Brennan Company will perform this effort. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Combletion Date: