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HomeMy WebLinkAboutAmendment No. 2 to Owner-Engineer Agreement - Design Services for West Race Gate Repair and West Bank Corridor – Lawson-Fisher Associates1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 22, 2020 Mr. Piper Tittle Lawson -Fisher Associates P.C. 525 W. Washington Avenue South Bend, Indiana 46601 ]:.::..(��.laNvsoti...fislzcr:.cot-n RE: Amendment No. 2 to Owner -Engineer Agreement Dear Mr. Tittle: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on September 22, 2020, approved the above referenced amendment for design services for the West Race gate repairs in an amount, not to exceed $25,600, bringing the new total amount to $50,700. 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 4 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated November 8.2016. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 2 1. Background Data: a. Effective Date of Owner -Engineer Agreement: November 8, 2016 b. Owner: Board of Public Works, City of South Bend, Indiana C. Engineer: Lawson -Fisher Associates P.C. d. Project: South Bend Dam, West Race Repairs Citv Proiect No. 115-115 2. Description of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] a. Engineer shall perform or furnish the fbllowing Additional Services: In addition to the contracted Scope of Work fbr the South Bend Dam, West Race Repairs, LFA will provide the fbllowing additional services: Revise the bid documents to be publicly bid as a standalone project. Bid documents will utilize current City of South Bend fbrmat. This addendum assumes that the existing plans will not require revisions such as design details, staging areas, site access, walkway, or railing details. The fbllowing tasks shall be perfbrmed: a. Separate existing plans sheets, specifications and contract documents to form a stand-alone bid document. b. Create new cover sheet for signature. C. Coordinate with Century Center and include any restrictions fbr site access and schedule in the specifications. d. Address permitting agency requirements in detailed specifications. e. Update INDOT 2018 specification references to 2020 standard specifications and review for accuracy. 2. Update and resubmit permitting documents. Permits were submitted in 2018 for this project but were either waived or put on hold due to the emergency nature of the project. Permits will need to be resubmitted along with Pagc 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. additional agency coordination to ensure all permits are in hand. The following list of permits does not include any potential State Historic Preservation Office (SHPO) items that may arise during review by other permitting agencies. a. Update and submit a federal (Army Corps of Engineers) Section 404 waterway pennit. b. Update and submit a state Section 401 Water Quality Certification as required from the Indiana Department of Environmental Management (IDEM). C. Update and submit an Indiana Department of Natural Resources (IDNR) Construction in a Floodway permit. Hydraulic modeling is not included in this proposal as it is anticipated that the proposed construction activities will meet the requirements associated with the IDNR's non -modeling worksheet. d. Provide follow up with regulatory agencies as required for application questions and/or clarification. 3. Coordinate with the Federal Energy Regulatory Commission (FERC) and the University of Notre Dame (FERC Exemptee) regarding the project. This project falls under FERC's jurisdiction (Project P-7569) as an appurtenant structure to the hydroelectric facility. The FERC requires a Temporary Construction Emergency Action Plan (TCEAP) and a Quality Control Inspection Program (QCIP). These documents have been created and submitted to FERC during a previous phase of this project but will require updating for this phase. In particular, the TCEAP will need to be revised to account for yet to be determined threshold headwater elevations. Additionally, the FERC has requested that dewatering be approved by FERC prior to construction. This plan will be developed by the contractor and submitted to FERC for approval. LFA anticipates one meeting with project stakeholders to address the dewatering plan as well as additional time to update FERC on the project status, as required. 4. Administering the bidding process. A pre -bid meeting is assumed for the project as well as public notice and response to contractor questions during the bidding process. 5. Provide limited construction phase services during the project including attendance at a preconstrLlction meeting, shop drawing review, and respond to contractor questions as needed. Field observation and site visits are not included in this agreement. 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: C. The responsibilities of Owner are modified as follows: Page 2 (Exhibit K — (Amendment to Owner -Engineer Agreement)— Attachment 1) E.JCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation utilizing a Direct Labor Costs Times Factor, Plats Reimburscables described below: Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer for the additional services as follows: 1) An amount equal to Engineer's Direct Labor Costs times a factor of 3.1521 for services of Engineer's employees engaged on the Project, plus reimbursable expenses, and Engineer's consultants' charges, if any. 2) The total compensation for services and reimbursable expenses is not to exceed $25,600.00 without written authorization. 3) Engineer's Standard Hourly Rate rates are attached as revised Appendix 1. e. The schedule for rendering services is modified as follows: Project schedule shall be revised as follows: • Submittal of 401/404 permits 14 days after NTP • Submittal of IDNR permit 14 days after NTP • Revised Bid Documents 30 days after NTP • Project Ready for Bid 14 days after receipt of permits Assume 6 months from time of permit submittal to receipt of permits along with the above schedule. f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: Attachment 1 (revised) 5. Agreement Summary (Reference only) a. Original Agreement amount: $ 19,600.00 b. Net change for prior amendments: $ 5,500.00 C. This amendment amount: $ 25,600.00 d. Adjusted Agreement amount: $ 50,700.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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 Societe 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 September 22, 2020. OWNER: ENGINEER: BOARD OF PUBLIC WORKS Lawson -Fisher Associates P.C. By: Gary A. Gil.t, President lberese J. Dorau Member Title: Vice President Water Resources Director hli-bell, A. M—dih, Member Jordan V. Gathers, Member Date Signed: September 8, 2020 A I'lT ST: Towph R. Molnar, Member Linda M. Martin, Clerk Page 4 (Exhibit K— (Amendment to Owner -Engineer Agreement) — Attachment 1) LICEIC L-500 Agreement Between Owner and Engineer for Professional Services. Copyright (D 2008 National Society of Professional Engineers for LICEIC. All rights reserved. 'M`W M �-- � " Zraw EhV „iYl�~iURS ,J0IIkr C0ibrR,11C1' D0CL)N1EPJ� !I;; 0lltlJ r FIE 1, This is Appendix 1 (Revised Addendum 2), Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated November 8. 2016. s Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule ofHourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal Engineer 5 Engineer 4 Engineer 3 Engineer 2 Engineer 1 Engineering Intern 2 Engineering Intern 1 Engineering Assistant Intern Student Intern Construction Inspector 3 Construction Inspector 2 Technician 4 Technician 3 Technician 2 Technician 1 $305.00 - $315.00/hour $234.50 - $268.00/hour $175.00 - $210.00/hour $165.00 - $175.00/hour $138.00 - $148.00/hour $117.00 - $127.00/hour $106.00 - $112.00/hour $93.50 - $100.00/hour $88.00 - $93.00/hour $85.00 - $90.00/hour $58.00 - $63.00/hour $140.00 - $160.00/hour $140.00 - $151.00/hour $154.00 - $159.00/hour $105.00 - $115.00/hour $86.00 - $100.00/hour $68.00 - $72.00/hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 Professional Land Surveyor 3 Professional Land Surveyor 2 Surveyor T-2 Technician 1/Surveyor T-1 Clerical 2 Clerical 1 $173.00 - $178.00/hour $140.00 - $145.00/hour $127.00 - $132.00/hour $74.00 - $79.00/hour $123.00 - $141.00/hour $71.00 - $81.00/hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 2 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: Name September 9, 2020 Finnian Cavanaugh Department of Public Works — Engineering Division Phone Extension: 5961 or BPW Date: September 22, 2020 fcavanau@southbendin.gov Required Prior to Submittal to Board BPW Attorney X Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Tvpe — Required for All Submissions U Professional Services Agreement U Contract U 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 New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Information Lawson -Fisher Associates ❑ Yes ❑ If Yes, Approved by Purchasing ® No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No West Race Gate Repair 115-115 Professional Services 101-06-600-500-431000-- Addition of $25,600 — total agreement to equal $50,700 NTE Purpose/Description Design fees for restarting West Race Gate Repair project, including updating of design, updating plans, updating permits, and repackaging as a separate project from the West Bank Corridor Improvements. 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 Completion Date: