Loading...
HomeMy WebLinkAboutAmendment No 2 to OEA - Design Replacement Floor Slab Orchestra Level Morris – Frost Engineering & Consulting  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 October 26, 2021 Mr. Troy A. Madlem Frost Engineering & Consulting 201 Lincoln Way West, Suite 200 Mishawaka, IN 46544 tmadlem@frosteng.net RE: Amendment No. 2 to Owner-Engineer Agreement Dear Mr. Madlem: At its October 26, 2021 meeting, the Board of Public Works approved the above referenced amendment for design services of the replacement floor slab for the Orchestra Level of the Morris Performing Arts Center, Project No. 121-029. 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/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh 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. This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated May 11, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. __2___ 1.Background Data: a.Effective Date of Owner-Engineer Agreement:May 11, 2021 b.Owner:Board of Public Works, City of South Bend, Indiana c.Engineer: Frost Engineering & Consulting d.Project:121-029 Morris Performing Arts Center Main Level Slab Replacement 2.Description of Modifications: a.Engineer shall perform or furnish the following Additional Services: 1)Please see the attached Appendix 1 to Exhibit A (Revision 2) for tasks specific to each project. Current revisions are noted in italics. 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)Please see the attached Appendix 1 to Exhibit A (Revision 2) for tasks specific to each project. Tasks removed from the scope of services have been struck through. c.For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 1)Please see the attached Appendix 1 to Exhibit A (Revision 2) for tasks specific to each project. Current revisions are noted in italics. 5. Agreement Summary (Reference only) a.Original Agreement amount:$_167,355___ b. Net change for prior amendments:$_-4,005_______ _ c. This amendment amount:$_0____ d. Adjusted Agreement amount:$_163,350___ The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. October 26, 2021 APPENDIX 1 TO EXHIBIT A (Rev. 2) TO: City of South Bend Attn: Rebecca Plantz 227 W. Jefferson Blvd, Suite 1300 N South Bend, IN. 46601 Date: May 11, 2021 Revision 1: July 27, 2021 Revision 2: Oct. 12, 2021 QUOTE VALID THRU: JULY 1, 2021 SEPTEMBER 1, 2021 DECEMBER 1, 2021 PROJECT : Morris Performing Arts Center 2021 Renovation PROJECT SUMMARY The following quote for p rofessional structural engineering services is based on our understanding of the project scope of work as outlined below. We welcome the opportunity to negotiate our proposed approach as necessary to best meet the needs of the City of South Bend. It is our understanding that the proposed renovation consists of three separate projects one project at the Morris Performing Arts Center located at 211 N. Michigan Street in South Bend, Indiana . We have defined ‘project success’ as the following: 1.Replacement of the existing floor slab on the orchestra level of the theater at the Morris Performing Arts Center a.The existing chairs in the theater are being replaced by new chairs selected by the City of South Bend (COSB). b.The new chairs are to be installed by a Contractor selected by the COSB. This Contractor is responsible for the design of the attachment of the new chairs to the new slab, and the design of the layout of the chairs, including confirmation of adequate sight lines from the position of the chairs on the new slab. Frost Engineering and Consulting (FEC) will coordinate with this Contractor to ensure adequate strength and thickness of the new concrete floor slab for the attachment of the chairs and will confirm the proposed finished floor elevations satisfy the requirements of the new chair layout as provided by the Contractor. FEC will include the removal of the existing chairs on the main level slab only, in the demolition plan and specifications for the main level slab replacement. c.New electrical and mechanical utilities are intended to be installed beneath the new floor slab. FEC will coordinate the design of the new slab with the design of the utilities by a sub-consultant selected by FEC. The provided cost associated with the utility design assumes that the existing slab overtop the utility tunnel located at the theater entrance will remain thereby avoiding the need to remove & replace the existing electrical services running through the tunnel. Additional design costs will be required should it be determined during the design process that the slab overtop the utility tunnel needs to be replaced. d.According to the project objectives noted above, and due to the unknown material strength of the existing slab and soils beneath the slab, FEC will develop construction documents that detail the removal and replacement of the existing floor slab , other than the slab located overtop the utility tunnel, with the intent to match the existing slab elevations and slope. e.The first four rows (approximately) of seats at the entrance to the theater are to be replaced by elevated seating platforms. FEC will coordinate the design of the new slab and platforms with an architectural sub-consultant selected by FEC. The two platforms that will be in the central seat locations require the addition of an ADA accessible doorway, one per platform, into the wall between the Theater and the Foyer. The two platforms located at either corner of the theater will be accessible via stepping from the floor slab. The platforms will be separated from the adjacent 121-029 - Morris Performing Arts Center Page 2 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! seats and walkways by a barrier that will be coordinated with and selected by the COSB. All finishes for the platforms and doorways will be coordinated with and selected by the COSB. The design of the support framing for the platforms assumes the existing slab beneath the platform extents will remain. Additional design costs will be required should it be determined during the design or construction process that the existing slab needs to be replaced. f.New chairs are intended to be installed in the balcony level of the theater. FEC will coordinate the design for connecting the new illuminated seats to the existing electrical infrastructure by a sub-consultant selected by FEC. 2.Design of a new catwalk in the attic of the Morris Performing Arts Center Theater a.Currently, the Morris Theater Operations Team utilizes wooden planks and plywood on top of the existing ceiling for access and maintenance activities in the attic of the Theater. b.Based on the observed condition of the structure during the site visit performed on March 22, 2021, FEC proposes the design of a new catwalk independent of the ceiling, to be supported by new framing attached to the existing roof structure. c.FEC will perform an independent review and assessment of all provided existing building documentation including previously completed building evaluations, analyses, structural enhancements etc. to identify the safe working capacity of the existing roof structure that provides direct support to the new catwalk. This analysis will be limited to confirming adequate strength of the frame providing direct support to the catwalk including the roof joists and roof girders only. d.FEC will complete a detailed field inspection to document and assess the current condition of the roof structure being used to support the new catwalk, focusing particularly on confirming the member sizing matches what is shown on the provided existing building documentation. e.FEC will develop construction documents that detail the proposed catwalk framing . 3.Inspection and structural assessment of the existing steel framed catwalk in the attic of the Palais Royale. a.Currently, the Palais Royale Operations Team utilizes a steel framed catwalk attached to the existing roof structure to access the attic of the Palais Royale. b.FEC will perform an independent review and assessment of all provided existing building documentation including previously completed building evaluations, analyses, structural enhancements etc. to identify the safe working capacity of the existing roof structure that provides direct support to the existing catwalk. This analysis will be limited to confirming adequate strength of the roof joists and girders only. c.FEC will complete a detailed field inspection to document and assess the current condition of the catwalk and roof structure that is providing support to the catwalk, focusing particularly on confirming the member sizing matches what is shown on the provided existing building documentation. d.Based on the findings of the field investigation and existing documentation review, FEC will identify the safe working capacity of the existing catwalk framing. This quote is subject to change based on any subsequent scope revisions and/or additions by the owne r. DESCRIPTION LINE TOTAL MORRIS THEATER MAIN FLOOR SLAB REPLACEMENT Services will include: 1.Study and Report Phase ($17,830) ($36,070) a.Tasks noted in Section A1.01. b.Review of provided existing building documents c.A maximum of one site visit with a maximum of three structural engineers from FEC, to be coordinated with the Morris Theater $79,025.00 $163,350.00 121-029 - Morris Performing Arts Center Page 3 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! Operations Team to review the existing site conditions and confirm the design approach satisfies the needs of the theater. d.A maximu m of one site visit by the utility design consultant to document mechanical and electrical systems for demolition and work to remain that could possibly be affected by the floor replacement. This site visit will also serve as a coordination meeting with t he owner. 2.Preliminary Design Phase ($22,220) ($46,630) a.Tasks noted in Section A1.02 b.Removal plans detailing the extent of slab removal required. The need for protecting the existing structure to remain will be identified with the approach for such protection a required submittal by the Contractor for approval by the COSB. c.New concrete floor slab design including slab on grade and reinforced slab spanning floor openings as required, with the intent to match the existing slab elevations and slope. d.Coordination with Owner on layout requirements for the ADA accessible and other raised platforms across the rear of the theater. Design approach assumes the existing slab over the utility tunnel will remain in place to minimize impact on existing utilities within the tunnel. e.Coordination with MEP consultant for placement of new util ities. f.Design by the MEP consultant to include: i.Selective demolition plans for power and HVAC in the existing floor being removed. ii.Power to seats with integrated seat lighting. Power source and control to be coordinated with owner. iii.Troughs for travelling shows to install temporary sound/light/control cables from the booth to the stage. Configuration and layout to be coordinated with the owner. iv.Return air grills in the seating area to be selected and coordinated with return air ’ducts’ in the ne w concrete floor. g.Coordination with chair installation Contractor to ensure the concrete slab has adequate strength and thickness to allow for the desired connection between the new chairs and the slab, and achievement of required sight lines as provided b y the Contractor. h.Coordination with Architecture consultant for placement of the new elevated seating platforms and main floor slab finishes. i.Design by the Architectural consultant to include: i.Development of a level floor area at the entrance of the Theater that will provide barrier free seating for 18 patrons as well as table and chair seating for an enhanced viewing experience. The design scope will include system and material selections for the new platform, carpet selections for the orchestra level hous e floor, and the design of new door openings to gain access to the new flat floor platform from the existing lobby. 3.Final Design Phase ($9,775) ($25,630) ($30,850) a.Tasks noted in Section A1.03 121-029 - Morris Performing Arts Center Page 4 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! b.Deliverables include a sealed set of Construction Plans and Contract Documents to be utilized in the public bidding process by the COSB Board of Public Works. 4.Bidding or Negotiating Phase ($6,760) ($11,000) ($8,980) a.Tasks noted in Section A1.04 i.Delete sections A1.04.A.4, A1.04.A.6 . These sections to be performed by City of South Bend staff. b.Attendance by the designated representative from FEC at a maximum of one pre-bid meeting. c.Attendance by the designated representative from FEC at a maximum of one bid opening meeting. d.Review of all received bids from the bid opening meeting to confirm satisfaction of all requirements of the bid documents. e.Deliverables include an Executive Summary detailing the results and recommended award from the bid opening. f.Attendance by the MEP consultant at a maximum of one pre-bid meeting. 5.Construction Phase ($16,910) ($27,700) ($24,500) a.Tasks noted in Section A1.05 i.Delete sections A1.05.A.1, A1.05.A.3, A1.05.A.15, A1.05.A.16. These sections to be performed by City of South Bend staff. b.Attendance by the designated representative from FEC at a maximum of one pre-construction meeting. c.Review of provided shop drawings and requests for information (RFI’s) from the awarded contractor. d.Maximum of two site visits during construction by the designated representative from FEC. e.Maximum of one site visit at substantial completion by the designated representative from FEC. f.Maximum of one site visit at final completion by the designated representative from FEC. g.Deliverables include a Site Observation Report detailing the observations and required action items resulting from each site visit. h.Attendance by the MEP consultant at a maximum of one pre-construction meeting. i.Maximum of one site visit during construction by the MEP consultant. j.Maximum of one site vis it at substantial completion by the MEP consultant. 6.Post-Construction Phase ($5,530) ($16,320) a.Tasks noted in Section A1.06 b.Maximum of two post-construction site visits by the designated representative from FEC. c.Deliverables include a Site Observation Report detailing the observations and required action items resulting from each site visit. d.A maximum of one site visit with one structural engineer from FEC, to be coordinated with the Morris Theater Operations Team to perform a 121-029 - Morris Performing Arts Center Page 5 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! post construct ion scan of the main level of the theater including the Foyer and Theater seating areas. e.Deliverables include side by side image comparisons of the existing conditions compared to the space post construction. The comparisons will highlight the primary improvements that were completed as a part of this project. Services exclude the following: 1.Design of the chair attachments and chair layout including required sight lines 2.Chair removal is not included and shall be completed prior to any constructi on activities Chair removal other than chairs located in the main level where the slab replacement is occurring. 3.The existing concrete stem walls are assumed adequate for support of the proposed new slab. Review and approval of existing conditions are excluded from the current scope. 4.Design of temporary support during construction for any existing utilities currently hung from the existing slab that are planned to remain. 5.Major plan layout revisions or adjustments requested after submittal of the design basis documents that would necessitate framing revisions or member redesigns. Minor adjustments noted on the approved design basis submittal will be incorporated into the final construction documents. 6.Submission of a calculations package 7.Meetings not outlined above. 8.Cost engineering, if required, following results of the bid openings. 9.Table and chair selection for the elevated seating platforms. 10.Any work on the balcony level other the design for connecting the new illuminated seats to the existing electrical infrastructure. Submittal of Bidding and Construction Plans and Documents shall be under seal of an Indiana Professional Engineer. MORRIS THEATER ATTIC CATWALK DESIGN Services will include: 1.Study and Report Phase ($17,900) a.Tasks noted in Section A1.01. b.Review of provided existing building documents c.Maximum of one site visit with a maximum of three structural engineers from FEC to be coordinated with the Morris Theater Operations Team to confirm the current and intended use of the catwalk and perform a detailed inspection of the existing frame to confirm member sizing matches that shown on the provid ed existing plans. 2.Preliminary Design Phase ($22,790) a.Tasks noted in Section A1.02 b.Catwalk design including member and deck design, connections to the existing roof framing, and reinforcing details as required. 3.Final Design Phase ($8,440) a.Tasks noted in Section A1.03 $68,930.00 121-029 - Morris Performing Arts Center Page 6 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! b.Deliverables include a sealed set of Construction Plans and Contract Documents to be utilized in the public bidding process by the COSB Board of Public Works. 4.Bidding or Negotiating Phase ($4,200) a.Tasks noted in Section A1.04 b.Attendance by the designated representative from FEC at a maximum of one pre-bid meeting. c.Attendance by the designated representative from FEC at a maximum of one bid opening meeting. d.Review of all received bids from the bid opening meeting to confirm satisfaction of all requirements of the bid documents. e.Deliverables include an Executive Summary detailing the results and recommended award from the bid opening. 5.Construction Phase ($12,680) a.Tasks noted in Section A1.05 b.Attendance by the designated representative from FEC at a maximum of one pre-construction meeting. c.Review of provided shop drawings and requests for information (RFI’s) from the awarded contractor. d.Maximum of two site visits during construction by the designated representative from FEC. e.Maximum of one site visit at substantial completion by the designated representative from FEC. f.Maximum of one site visit at final completion by the designated representative from FEC. g.Deliverables include a Site Observation Report detailing the observations and required action items resulting from each site visit. 6.Post-Construction Phase ($2,920) a.Tasks noted in Section A1.06 b.Maximum of two post-construction site visits by the designated representative from FEC. c.Deliverables include a Site Observation Report detailing the observations and required action items resulting from each site visit. Services exclude the following: 1.Lateral load capacity analysis of the existing roof structure. 2.Major plan layout revisions or adjustments requested after submittal of the design basis documents that would necessitate framing revisions or member redesigns. Minor adjustments noted on the approved design basis submittal will be incorporated into the final construction documents. 3.Analysis will be limited to confirming adequate strength of the frame providing direct support to the catwalk including the roof joists and roof girders only. 4.Submission of construction documents related to other trades involve d with the project. This includes but is not limited to trades such as architectural, mechanical, electrical, and plumbing. 5.Submission of a calculations package 121-029 - Morris Performing Arts Center Page 7 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! 6.Meetings not outlined above. 7.Cost engineering, if required, following results of the bid openings. Submittal of Bidding and Construction Plans and Documents shall be under seal of an Indiana Professional Engineer. PALAIS ROYALE ATTIC CATWALK LOAD RATING Services will include: 1.Study and Report Phase a.Review of provided existing building documents b.Maximum of o ne site visit with two structural engineers from FEC to be coordinated with the Palais Royale O perations Team to confirm the current and intended use of the catwalk and perform a detailed inspection of the frame to confirm me mber sizing matches that shown on the provided existing plans. c.Deliverables include an Executive Summary detailing the results of the structural assessment including the determined load rating of the catwalk. Services exclude the following: 1.Lateral load capacity analysis of the existing roof structure. 2.Analysis will be limited to confirming adequate strength of the frame providing direct support to the catwalk including the roof joists and roof girders only. 3.Analysis of the structure should it significantly vary from that which is shown on the existing building documents. 4.Submission of a calculations package 5.Meetings not outlined above. Submittal of the Executive summary detailing the load rating results shall be under seal of an Indiana Professional Engineer. $19,400.00 Quotation prepared by : Richard M. Estes, PE This quotation is subject to the conditions noted on the following pages: To accept this quotation, sign here and return: ______________________________________________________ THANK YOU FOR YOUR BUSINESS ! 121-029 - Morris Performing Arts Center Page 8 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! This fee estimate does not include Civil Engineering, Surveying, permitting fees or other structural work related to project except as specifically noted . It is understood by Frost Engineering & Consulting Company that these services are not necessary and/or will be performed by others. These above Professional Service Costs are for the Professional Engineering Design and Consulting services for Engineering as outlined above. It is understood that the Architect/Contractor /Owner will allow Frost Engineering access to all plans and/or records in its possession and at its disposal pertaining to this work, including all necessary electronic drawings files created in support of the design. Frost Engineering will provide PDF drawin g files of all structural plans upon completion for Project Record purposes of the project however Frost Engineering and Consulting reserves all rights with regards to these files. All efforts to develop the most efficient system s will be made, however P roject cost monitoring is not within the scope of our services unless specifically outlined in the above scope of work . Should redesign of the project be required due to cost overruns, the structural work required due to the redesign will be negotiated as additional services before the work is started. Payments will be made from invoices billed monthly based on percent complete. All fees shall be paid on a percent complete and submitted for payment with thirty-day (30) payment of invoices anticipated to m aintain our fee structure. A 1.5% interest will be applied after 30 days of invoice date. If additional engineering services are required which are outside of the scope of this agreement, those out of scope services shall be negotiated according to the billing schedule as attached and as updated annually. In the event additional engineering services are required due to mistakes, poor design or incomplete work performed by or provided by the Architect/Contractor, the Architect/Contractor agrees to pay Frost Engineering for additional time incurred according to the billing schedule as attached. It is understood that this proposal shall remain open through the date shown on page 1. After that date, Frost Engineering and Consulting reserves the right to renegotiate the terms of this proposal. 121-029 - Morris Performing Arts Center Page 9 of 9 Frost Engineering & Consulting Company OUR MISSION IS SIMPLE © Copyright 2005. All rights reserved. BE THE BEST! Additional Professional Services by Frost Engineering & Consulting Company shall be completed on an hourly basis as follows: BILLING SCHEDULE Effective January 2021 Frost Engineering & Consulting DESIGNATION RATE ENGINEER VIII (PRINCIPAL) $240.00/HR. ENGINEER VIII $225.00/HR. ENGINEER VII $170.00/HR. ENGINEER V $155.00/HR. ENGINEER IV $140.00/HR. ENGINEER III $125.00/HR. ENGINEER II $105.00/HR. ENGINEER I $85.00/HR. DESIGNER $85.00/HR. TECHNICIAN III $75.00/HR. TECHNICIAN II $70.00/HR. TECHNICIAN I $65.00/HR. ADMINISTRATIVE $65.00/HR. •Rates are as noted and subject to negotiation due to emergency operations and schedule demands from the Client. OVERTIME PREMIUM: OVERTIME RATES OVER 40 HOURS/WEEK = 1.50 TIMES THE ABOVE RATES REIMBURSABLE EXPENSES: MILEAGE $ 0.65/MI. DIRECT PROJECT EXPENSES Invoice X 1.15 PROJECT RELATED TRAVEL EXPENSES Invoice X 1.15 SUBCONTRACTOR SERVICES Invoice X 1.20 Reimbursable Expenses included with Lump Sum Estimates unless noted otherwise This Agreement and any attachments are for your exclusive and confidential use . You may not reproduce, perform, distribute, display or create derivative works of the content of this document (including logos, photos, texts, whether or not marked as copyrighted) without the express written consent of Frost Engineering and Consulting. Possession of any content from this document does n ot confer you any legal rights with regard to its content. Frost Engineering and Consulting reserves all rights with regard to all elements of this document. 4/5/2021 Troy Madlem , PE, MLSE Date PRESIDENT BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/20/2021 Name Becca Plantz Department Public Works BPW Date 10/26/2021 Phone Extension 5998 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name Michael Patton BPW Attorney Attorney Name Clara McDaniels 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 Frost Engineering & Consulting New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Morris Performing Arts Center Main Level Slab Replacement, Theater Attic Catwalk design, and Palais Royal Attic Catwalk Load Rating Project Number 121-029 Funding Source Morris Capital Fund 416 Account No. 416-11-220-292-443001 Amount Total Remains: $163,350, design and construction service change is net $0 Terms of Contract Hourly NTE Purpose/Description Amendment 2 to design of replacement floor slab on the orchestra level of the Morris. 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: