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Amendment No. 3 to Owner-Engineer Agreement - Additional Design & Construction Adm. Services for Seitz Park – SmithGroup 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 October 27, 2020 Ms. Emily S. McKinnon, PE SmithGroup Inc. 201 Depot St., Second Floor Ann Arbor, MI 48104 RE: Amendment No. 3 to Owner -Engineer Agreement Dear Ms. McKinnon: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on October 27, 2020, approved the above referenced amendment for additional design and construction administrative services for the Seitz Park Reconstruction Project in the amount of $89,000, bringing the new total amount to $1,028,400. Enclosed please End 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 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Dec 12, 2017. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. _3 1. Background Data: a. Effective Date of Owner -Engineer Agreement: Dec 12, 2017 b. Owner: Board of Public Works, City of South Bend, Indiana C. Engineer: SmithGroup Inc. (Formerly SmithGroupJJR Inc.) d. Project: Seitz Park Reconstruction, South Bend Project No. 117-093 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: 1) Perform Task 4: Implementation for Architectural Services as previously described in Attachment A to attend Construction Meetings and Site Observations, review Submittals and RFIs and prepare Closeout and Record Drawings. 2) The scope of services is for revised Phase 1 Bid Packages that includes the North Riverwalk, Seitz Park and the East Race Floating Dock Replacement. 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: 1) The anticipated construction duration is estimated to be sixteen months, March 2021 through June 2022. 2) Task 3 Modifications: SmithGroup previously completed design and construction documentation for a pedestrian connection from Jefferson Bridge to the South Riverwalk and widen Riverwalk to improve access and visibility at this location that was included in the original Phase 1 bid documents issued dated 12/19/2019. SmithGroup assisted the City in exhibits and supporting documentation in their acquisition proceedings for the widen Riverwalk & pedestrian connection. SmithGroup also provided and will continue to provide continued support coordinating with other adjacent property owners and developments. 3) Task 4 Modifications: The SmithGroup Team will attend weekly OAC meetings via web-ex/video conference calls with one (1) in -person meeting per month allocated to coincide with a construction site visit. A total of sixteen (16) site visits are included within Phase 1 Bid Package scope of services. 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. c. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation on a hourly not - to -exceed basis: 1) Task 3: Documentation— Thirty-one thousand and one hundred dollars ($31,100) 2) Task 4: Implementation — Fifty-three thousand and nine hundred dollars ($57,900) d. The schedule for rendering services is modified as follows: 1) Extend the period of professional services for implementation, as shown in original Attachment B — Project Schedule, to the end of June 2022 for Phase I construction. 5. Agreement Summary (Reference only) a. Original Agreement amount: $ 186,400 b. Net change for prior amendments: $ 753,000 c. This amendment amount (hourly): $ 89,000 d. Adjusted Agreement amount: $ 1,028,400 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 _September 3, 2020. OWNER: ENGINEER: IKIARD OF POBLIC WORKS ' Gm A. Gi114 President lfie J. LM Member Miza ffi A. Mmadiyk,�Memhtt 6�3'Z p rZ_ Joseph R Molnar, Member Date Signed: Jordan V. Gathers, Member ATTEST: Linda M. Martin, Clerk October 27, 2020 By: Emily S McKinnon, PE Title: Director of Operations Date Signed: 250 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. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/29/2020 Department Name Zach Hurst Engineering BPW Date 10/13/2020 Phone Extension - Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. n Other: ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Company or Vendor Name SmithGroup New Vendor ❑ Yes[:] If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached ❑ Yes No Project Name Seitz Park Project Number 117-093A Funding Source 2018 TIF Park Bond Account No. 452-11-206-289-444000, PO-0001787 Amount $89,000 Terms of Contract Purpose/Description Amendment number 3 to this PSA covers additional design effort, as well as construction administration services. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: Increase % Decrease ( % Increase % Decrease ( %) New Completion Date: