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HomeMy WebLinkAboutPSA - Design Services for Streetscape Improvements at 3400 S. Michigan St. - Jones Petrie Rafinski Corp.1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 24, 2020 Mr. Chris Chockley Jones Petrie Rafinski Corporation 325 S. Lafayette Blvd., Ste. 200 South Bend, IN 46601 cchockleygjprl source.com RE: Professional Services Agreement Dear Mr. Chockley: PHoNE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on November 24, 2020, approved the agreement for design services for streetscape improvements for the 3400 Block of S. Michigan St. in the amount of $8,500. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR EJCDC...-- ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of _10/15/20 M ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and � Jones Petrie Rafins A ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: FDesign Services for the 3400 Block of S Michigan Street ("Project"). Engineer's Services under this Agreement are generally identified as follows: _Please refer to Appendix Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Please refer to Appendix 2. C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding _6" months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 39 35 days of receipt. if Ovffier- fails to make any payment &e Engineer- for- sefviees and expenses within fate ef days after- r-eeeipt of Engineer's invoiee, then the amotints "e Engineer- will be iner-eased at the ,; per- menth (er- the maxiffmin rate of interest pefmitted by law, if less) fr-efn sai th:ft� 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 other related charges. Owner waives any and all non -disputed claims against Engineer for any such suspension. Payments will be er-edited first te interest and then to pr-ineipah 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.0I.A. I.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. The Owner acknowledges the Engineer's construction documents, including all electronic files, as instruments of professional services. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. L The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $8,500.00 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Jordan V. Gathers, Member l Joseph R. Mohiar, Member ATTEST- �irula C�JPTmzirr Linda M. Martin, Clerk Date: November 24, 2020 Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Title: City Engineer Phone Number: (574) 235-5933 Facsimile Number: (574) 235-9171 E-Mail Address: kboylesksouthbendin.gov Engineer: Jones Petrie Rafinski By. Title: Andrew Cunningham, Director of Design, PLA Date: 10/15/20 Engineer License or Firm's Certificate No. LA21300012 State of: Indiana Address for giving notices: 325 S Lafayette Blvd. South Bend, IN 46601 Designated Representative (Paragraph 8.03.A): Andrew Cunningham, PLA Title: Director of Design, PLA Phone Number: 574-232-4388 Facsimile Number: n/a E-Mail Address: acunninghamAjprlsource.com Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 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 J O N E S P E T R I E R A F I N S K I Land Surveying • Civil Engineering • Planning • Architectutre • Project Funding • GIS - Environmental • Renewable Energy • Landscape Architecture SERVICE FEE SCHEDULE Effective January 1, 2020 Category Standard Rate Code JPR Officer $200.00 OFF Principal Staff $175.00 PPS Management Staff $150.00 MS Professional Engineer $140.00 PE Professional Architect $140.00 RA Professional Landscape Architect $140.00 PLA Professional Surveyor $140.00 PS Professional Geologist $140.00 PG Certified Planning Professional $140.00 PP Certified GIS Professional $140.00 GISP Environmental Professional $140.00 EP Graduate Staff $105.00 GS Engineering Dept. Support Staff $ 85.00 EDS Architecture Dept. Support Staff $ 85.00 ADS Landscape Arch. Support Staff $ 85.00 LDS Clerical & Account Staff $ 80.00 CAS Survey Dept. Support Staff $ 75.00 SDS Environmental Dept. Support Staff $ 60.00 ENS 2-Person Survey Crew $140.00 2PC Field Geologist $125.00 FG 1-Person Survey Crew $105.00 1 PC Environmental Field Technician $ 85.00 EFT Resident Project Representative $ 85.00 RPR Utility Operations Field Technician $ 80.00 UFT Direct expenses such as printing/copies, messenger/delivery services, shipping expenses, permit application fees, sub -consultants, or sub -contractors, etc., that are paid for by JPR Corp. on behalf of client will be passed on with a 10% markup in most cases, and is defined and stipulated within project specific agreements and/or contracts. For inquiries regarding this information, please contact us via phone at any of the numbers provided below or you may do so via email at accounting(aMpr1 source.com. (:\Accounting - Public\Standard Hourly Rates\2020-01-01 JPR Service Fee Schedule - Standard Rates.docx 200 Nibco Parkway, Suite 200 325 S. Lafayette Blvd. 108 W. Columbia Street jpr1 source.com Elkhart, IN 46516 South Bend, IN 46601 Fort Wayne, IN 46802 574.293.7762 574.232.4388 260.422.2522 J O N E 5 P E T R I E J R A F I N S K I Land Surveying - Civil Engineering - Planning - Architecture • Project Funding - GIS - Environmental • Renewable Energy - Landscape Architecture October 15, 2020 City of South Bend 227 W Jefferson Blvd South Bend, IN 46601 Attention: Mr. Dan Buckenmeyer RE: PROFESSIONAL DESIGN SERVICES FOR 3400 BLOCK OF SOUTH MICHIGAN STREET Dear Dan: Thank you for the opportunity to assist in the above referenced project. We have appreciated being of service to the City in the past and we look forward to working with you on this project. UNDERSTANDING OF THE ASSIGNMENT The City of South Bend is collaborating with La Casa de Amistad to improve the 3400 block of South Michigan Street with right-of-way improvements. The City of South Bend has approved $250,000 of TIF funds for the 3400 block on Michigan Street. As part of La Casa de Amistad's renovation of the former Xavier School of Excellency, several neighborhood improvements are proposed and have already been reviewed by City Staff. These right-of-way improvements include, but are not limited to, o Sidewalk o Curb installation o Curb ramps o Driveway approach removal o Street Lights o Street trees o Fencing The City is looking to create a separate set of construction documents and special provisions for the right- of-way improvements for the 3400 block of South Michigan Street proposed as part of the La Casa de Amistad renovation, showing only improvements within the right-of-way and immediately adjacent site. JPR thoroughly understands this project site and recognizes that the approved TIF funds shall only be utilized for right-of-way and immediately adjacent improvements for the benefit of the public. JPR is more than capable of providing the services necessary to complete the task at hand and therefore, we are pleased to provide the following scope of services. 300 Nibco Parkway, Suite 250 325 S. Lafayette Blvd. 108 W. Columbia Street jpr1source.com Elkhart, IN 46516 South Bend, IN 46601 Fort Wayne, IN 46802 574.293.7762 574.232.4388 260.422.2522 3400 Block South Michigan St October 15, 2020 Page 2 of 4 SCOPE OF SERVICES Task 1— Construction Documents & Special Provisions Upon acceptance of this proposal, JPR will develop the construction and permit documents. All right-of- way work will be separated from adjacent La Casa de Amistad responsibilities by screening back all site work outside of the right-of-way. This effort will include: • Complete detailed design of the new site development and the subsequent creation of a complete and certified plan set; • Site Demolition Plan • Dimensional Plan • Grading Plan • Utility and Stormwater Management Plans • Landscape Plan • Lighting Plan • Erosion Control Plan • Project Manual including specifications, special provisions, and bid tabulations • Final site plan submittal through the City of South Bend a. JPR will submit the construction documents and special provisions to the City for review b. JPR will make the necessary revisions to the documents per review comments. c. JPR will create a cost estimate for City review and develop a list of potential alternates that may be selected based on the bids received. ESTIMATED FEES: The estimated total fee to provide the tasks outlined above are as follows: Task 1 — Construction Documents & Special Provisions Total Estimated Fees: 8 500.00 $8,500.00 Anticipated Timeline: JPR would anticipate our involvement in the contemplated scope of work to take 60 days from the notice to proceed. Due to the approaching cooler weather, JPR discussed with the City the possibility of the City funded bid package being bid out in late fall/early spring with construction beginning in spring when the weather warms. Exclusions: Please be advised that the services and fees quoted above do not include the following activities: Out -of -scope services (work will not commence on any out -of -scope services unless and until approved by client) Rezoning Activities Any other service not specifically described within the above scope of work. Again, thank you very much for this opportunity, and we look forward to being of service. 3400 Block South Michigan St October 15, 2020 Page 3 of 4 Sincerely, 4e�4�-00� Andrew Cunningham, PLA Director of Design HA2020 Projects\2020-0027\Coordination\COSB\Proposal PROPOSAL ACCEPTANCE Please initial next to the tasks and/or alternates and then this proposal is hereby accepted and authorization to proceed is hereby granted: Accepted By: Printed name and title: Business name: Billing address: Billing/account manager: Date: Phone No.: Fax No.: E-mail: Please note: Jones Petrie Rafinski offers electronic invoicing if requested. Please sign below if you would prefer that option. 1 prefer to have my invoice transmitted through electronic email: H:\2020 Projects\2020-0027\Coordination\COSB\Proposal BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/5/2020 Department Name Charlotte Brach Engineering BPW Date 11/24/2020 Phone Extension 9246 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 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 New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information Jones Petrie Rafinski ❑ Yes ❑ If Yes, Approved by Purchasing ® No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos 120-062 3400 Block S Michigan Streetscape Improvements PROJ00000216 TIF — Southside Development #1 430-10-102-121-442001-PROJ00000216 Lump Sum Professional Services Agreement with Jones Petrie Rafinski for design services for streetscape improvements for the 3400 block of S Michigan Street. 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: 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: