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Home My WebLink AboutAmendment No. 1 to Preliminary ESA - Addtl. Design Srvcs. RR Signal Relocation Olive St. – Norfolk-Southern Railway Company ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 14, 2021 Mr. Eldridge Chambers Norfolk-Southern Railway Company Engineer Public Improvements 1200 Peachtree Street NE Atlanta, GA 30309 Eldridge.Chambers@nscorp.com RE: Amendment No. 1 to Preliminary Engineering Services Agreement Dear Mr. Chambers: At its September 14, 2021 meeting, the Board of Public Works approved the above referenced amendment for additional design services due to the railroad signal relocation for Olive St. Reconstruction, Phase II, Project No. 114-064 in the amount of $25,790, with $20,000 to be reimbursed from federal funds. Enclosed please find the original of the amendment for your signature. Please sign and return the original amendment to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Board of Public Works Anne Fuchs, Clerk FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: Amendment #1 to Norfolk and Southern Preliminary Services Agmt for Olive Reconstruction Ph 2 project PN 114-064 DATE: 9/1/2021 Norfolk and Southern has requested an amendment to the Preliminary Engineering Services Agreement for the design of the railroad crossing improvements on Olive St as a part of the Olive Rehabilitation Ph 2 project. The amendment is for an increase of $25,790 to the preliminary engineering cost estimate bringing the new estimate to $32,447. This increase will be eligible for 80% reimbursement with federal funds. It is requested the Board of Public Works approve Amendment #1 to the Preliminary Engineering Services Agreement between the City and Norfolk and Southern for the design or the railroad crossing improvements as part of the Olive St Rehabilitation Phase 2 project (PN 114-064). Thank you for your consideration of this request. AMENDMENT TO AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES This AMENDMENT TO AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES (the “Amendment”), dated September ____, 2021, is made by and between the City of South Bend (hereinafter called “CITY”), and Norfolk-Southern Railway Company, (hereinafter called “COMPANY”). WHEREAS, CITY and COMPANY have entered into that certain agreement for Preliminary Engineering Services dated July 23, 2020 (the Preliminary Engineering Agreement) where the CITY agreed to submit plans and specifications to said COMPANY for proposed work which will involve COMPANY facilities at Town, County, State: South Bend, St. Joseph County, Indiana AAR-DOT#: DOT # 522741D Street /Bridge Name: Olive Street Description: Olive Street Improvements Mile Post Mileposts PY-0.99 WHEREAS, the CITY and COMPANY entered an agreement for preliminary engineering cost estimate of $7,447. WHEREAS, the CITY and COMPANY seeks additional funds for the railroad signal design affecting COMPANY facilities. NOW, THEREFORE, in consideration of the foregoing and of the promises and commitments, herein contained, the parties hereby agree as follows: Increase the preliminary engineering cost estimate reimbursement amount from $7447 to $32,447. IN WITNESS WHEREOF, the CITY and the COMPANY have caused these presents to be signed by their duly authorized officers: BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA By_______________________________ Elizabeth A. Maradik, President By_______________________________ Gary A. Gilot, Member By_______________________________ Jordan V. Gathers, Member By______________________________ Joseph Molnar, Member By______________________________ Murray L. Miller, Member ATTEST: _____________________________ Anne Fuchs Board Clerk COMPANY Signature:______________________________ Name:_________________________________ Title:__________________________________ Date:__________________________________ 14 Date: September 14, 2021 FORCE ACCOUNT ESTIMATE Work to be Performed By:Norfolk Southern Railway Company For the Account of:The City of South Bend Project Description: Location:South Bend, St Joseph County, Indiana Project No.:DES # 1400637 Milepost:PY-0.99 File: Date: SUMMARY ITEM A - Preliminary Engineering 7,113 ITEM B - Construction Engineering 0 ITEM C - Accounting 1,124 ITEM D - Flagging Services 0 ITEM E - Communications Changes 0 ITEM F - Signal & Electrical Changes 25,000 ITEM G - Track Work 0 ITEM H - T-Cubed 0 GRAND TOTAL 33,237$ ITEM A - Preliminary Engineering (Review plans and special provisions, prepare estimates, etc.) Labor:10 Hours @ $60 / hour=600 Labor Additives:472 Travel Expenses:0 Services by Contract Engineer:6,041 NET TOTAL - ITEM A 7,113$ CX1113040 August 11, 2021 Olive St. Reconstruction ITEM B - Construction Engineering (Coordinate Railway construction activities, review contractor submittals, etc.) Labor:0 Hours @ $60 / hour=0 Labor Additives:0 Travel Expenses:0 Services by Contract Engineer:0 NET TOTAL - ITEM B -$ ITEM C - Administration Agreement Construction, Review and/or Handling:850 Accounting Hours (Labor):5 Hours @ $30 / hour=150 Accounting Additives:124 NET TOTAL - ITEM C 1,124$ ITEM D - Flagging Services (During construction on, over, under, or adjacent to the track.) Labor:1 Flagging Foreman 0 days @ 310.00 per day=0 (based on working 10 hours/day) Labor Additive:0 Travel Expenses, Meals & Lodging: 0 days @ $100/day=0 Rental Vehicle 0 months @ $950/month=0 NET TOTAL - ITEM D -$ ITEM E - Communications Changes Material:0 Labor:0 Purchase Services:0 Subsistence:0 Additive:0 NET TOTAL - ITEM E -$ ITEM F - Signal & Electrical Changes (see attached summary) Material:0 Labor:5,000 Purchase Services:20,000 Other:0 NET TOTAL - ITEM F 25,000$ ITEM G - Track Work Material:(see attached summary)0 Labor:(see attached summary)0 Additive:(see attached summary)0 Purchase Services:(see attached summary)0 D&C (Lump Sum):(see attached summary)0 NET TOTAL - ITEM G -$ ITEM H - T-CUBED Lump Sum (see attached summary)-$ NOTES 1. For all groups of CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance) is 185.81%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. 2. For all groups of NON-CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance is 78.59%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. 3.All applicable salvage items due the Department will be made available to it at the jobsite for its disposal. 4. The Force Account Estimate is valid for one (1) year after the date of the estimate (08/11/2021). If the work is not performed within this time frame the Railway may revise the estimate to (1) include work not previously indicated as necessary and (2) reflect changes in cost to perform the force account work. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/1/2021 Name Leslie Biek, PE Department PW BPW Date 9/14/2021 Phone Extension 9323 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for 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 Norfolk and Southern New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Olive Reconstruction Ph 2 Project Number 114-064 Funding Source RWDA TIF Account No. PO-4360 Amount Terms of Contract Purpose/Description Norfolk and Southern request an increase due to the railroad signal relocation not originally included in their estimate. The increase will be 80% federally reimbursed. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: $25,790 ($20,000 to be reimbursed from federal funds)