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HomeMy WebLinkAboutAmendment No 5 to OEA - Admin. Srvc. Seitz Park Reconstruction, Phase I Proj No. 117-093 – SmithGroup Inc.  ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS 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 February 22, 2022 Ms. Emily S. McKinnon, PE SmithGroup Inc. 201 Depot St., Second Floor Ann Arbor, MI 48104 emily.mckinnon@smithgroup.com RE: Amendment No. 5 to Owner-Engineer Agreement Dear Ms. McKinnon: At its February 22, 2022 meeting, the Board of Public Works approved the above referenced amendment for additional construction administrative services for Seitz Park Reconstruction, Phase I, Project No. 117-093 in an amount not to exceed $74,956 (hourly rate) with a total adjusted amount of $1,139,716. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Laura Hensley/Acting Clerk Enclosures 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 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. _5____ 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) The scope of services is for extending construction phase services for Phase I scope of work due to contractor’s progress in Divisions A and B, unforeseen conditions around the portage area, and UND Hydroelectric project estimated completion date. Based on the current contractor’s scheduled completion date of July 6, 2023, we estimate approximately ten (10) additional months of professional services beyond our original scope of work. 2) The scope of services also includes design work for Owner requests for design changes beyond the originally approved construction documents for the following: a) Re-design of the interior restroom entrances to eliminate doors b) Re-design of site furnishings related to the hammock seating area and adding shade structures c) Assistance related to the Earth Retention System (ERS) installed for the future Cascades Phase 2 development 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) Task 4 Modifications: a) The SmithGroup Team will continue to review submittals/RFIs and attend bi- weekly OAC meetings as well weekly internal owner meetings with one (1) in- person meeting via web-ex/video conference calls for an additional ten (10) months. Construction site visits are anticipated to happen approximately one time per month. 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. b)The SmithGroup Team will or did prepare revised drawings for Owner requested design changes (noted as 2a and 2b above) that will be issued as bulletins to the construction contract documents. c)The SmithGroup Team participated in coordination calls and reviewed design drawings prepared by others to evaluate the proposed Cascades ERS design relative to the needs of the proposed/on-going Seitz Park infrastructure construction. c.For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation on an hourly not- to-exceed basis: 1)Task 4: Implementation – seventy-four thousand and nine hundred fifty-six dollars ($74,956.00) d.The schedule for rendering services is modified as follows: 1)Extends Phase 1 completion date to July 6, 2023. 5. Agreement Summary (Reference only) a. Original Agreement amount:$____186,400______________ b. Net change for prior amendments: $____878,360____________ c. This amendment amount (hourly): $_____74,956__________ d. Adjusted Agreement amount:$____1,139,716_____________ 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 _December 30, 2021. OWNER: ENGINEER: By: By: Emily S McKinnon, PE Title: Title: Director of Operations Date Signed: Date Signed: December 30, 2021 February 22, 2022 Seitz Park Reconstruction ‐ Amendment No 5 Fee Summary Phase 1 ‐ North Riverwalk, Seitz Park & East Race Floating Dock Original Anticipated 16 month construction schedule (March 2021‐June 2022)  Current Contractor Schedule (March 2021‐July 2023) Hours Analysis Hrs Avg Hrs/Wk Avg Hrs/Month Total SG Budgeted Labor Hours 720 10.4 45 Spent SG Labor Hours thru Dec  2021 478 11.1 47.8 % of budgeted hours spent 66% CA Fee Analysis Total CA Fee for Phase 1 127,400.00$            CA Fee Spent thru Nov 2021 100,568.64$           79% spent Remaining CA Fee 26,831.36$             21%remaining Estimated % of construction remaining 75% Updated Construction Schedule 12/16/21 per Contractor Final Completion 7/6/2023 Additional months 10 Assume 2 months of winter shutdown (limited work) Estimated Add'l  CA Fee Additional hours based on original  estimate of monthly avg hrs (45  hrs) for add'l 10 months 450 hrs 67,500.00$         Owner Requested Changes Fee Pavilion Restroom Re‐design $2,666.00 Shade/Hammock Re‐design $1,800.00 Cascades ERS Assistance $2,990.00 Subtotal Design Changes = $7,456.00 TOTAL AMENDMENT No. 5 FEE SUMMARY = $74,956 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 2/4/2022 Name Sue Ellen Doudrick Department Engineering BPW Date 2/22/2022 Phone Extension 5922 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 Michael Schmidt 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 SmithGroup New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Seitz Park Reconstruction Phase I Project Number 117-093 Funding Source Parks and Recreation Account No. 201-11-206-273-444000--PROJ00000079 Amount $74,956 Terms of Contract Hourly NTE Purpose/Description Amendment number 5 covers additional construction administration services for phase I of the project. 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: