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HomeMy WebLinkAboutAmendment No 3 to OEA - Changed Scope North WTP Improvements Proj No. 119-011 – Black & Veatch Corporation  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 September 27, 2022 Mr. Adam P. Westermann, P.E. Black and Veatch Corporation 8415 Allison Pointe Blvd., Suite 410 Indianapolis, IN 46250 WestermannAP@bv.com RE: Amendment No. 3 to Owner-Engineer Agreement Dear Mr. Westermann: At its September 27, 2022 meeting, the Board of Public Works approved the above referenced amendment for additional services for the change of scope for the North Water Treatment Plant Improvements, Project No. 119-011 in an increased amount of $16,940 with an adjusted agreement total not to exceed $250,731 (hourly rate). 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, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/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 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated October 27, 2020. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. __3___ 1.Background Data: a.Effective Date of Owner-Engineer Agreement:October 27, 2020 b.Owner:City of South Bend, Indiana c.Engineer: Black & Veatch Corporation d.Project:North WTP Improvements 2.Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: Task 106 – Bid Phase Services Engineer will provide assistance with the Owner’s Open Market Bidding and Contract process. Assistance includes review of the project and bidding documents with participants who attended the pre-bid conference to determine any concerns or obstacles that precluded them from providing an initial public bid; discussion with the Owner’s team to ensure coordination and agreement on next steps, schedule, and review of Open Market Contract bids; various discussions and email correspondence with prospective Contractors to ensure clarity in what is needed for an Open Market Contract bid; review of bidding Contractor’s initial and revised Open Market Contract bid submittal packages; and preparation of bid tabulation and responses to questions, clarifications, and exclusions for each Contractor. Task 107 – Project Management and Administration Provide project supervision, direction, and coordination with the Owner’s management and staff. Project administration and management also includes budget and schedule control, document control, coordination of activities, monthly invoicing and project close-out for administration of Amendment 3. Engineer will maintain a change register of any scope changes affecting the project budget or schedule and review it with the Owner on a monthly basis. Engineer shall discuss and receive written approval for any scope changes from the Owner prior to proceeding. 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. a. 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: b. The responsibilities of Owner are modified as follows: c. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: For professional services described under Paragraph 2.a to add additional scope under Tasks 106 and 107 Owner agrees to pay Engineer in accordance with the Agreement for Professional Services on a Lump Sum Basis. The total compensation for Amendment 3 shall increase the lump sum amount by $16,940 and shall not be revised without written authorization. d. The schedule for rendering services is modified as follows: e. Other portions of the Agreement (including previous amendments, if any) are modified as follows: 5. Agreement Summary (Reference only) a. Original Agreement amount:$_177,861___________ b. Net change for prior amendments: $_55,930____________ c. This amendment amount:$_16,940____________ d. Adjusted Agreement amount:$_250,731___________ 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 __________________. OWNER: ENGINEER: By: By: Title: Title: Associate Vice President Date Signed: Date Signed: September 27, 2022 September 27, 2022 City of South Bend, Indiana North WTP Improvements Design, Bid and CPS Services Amendment 3 - Level of Effort April 14, 2022 Project Manager Engineering Manager Senior QA/QC Engineer / Senior O&M Engineer Process Engineer Project Accountant Total Labor and Expenses $235 $185 $250 $180 $125 HOURS LABOR EXPENSES Phase 1 - Design and Bid Phase Task 106 - Bid Phase Services 14 60 3 6 83 $ 16,220 $0 $16,220 Task 107 - Project Management & Administration 2 2 4 $ 720 $0 $720 16 60 3 6 2 87 $ 16,940 $0 $16,940 WORK TASKS Labor and Expenses 2020 Rates NORTH WTP IMPROVEMENTS DESIGN, BID AND CPS TOTAL ENGINEERING SERVICES - AMENDMENT 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/13/2022 Name Becca Plantz Department Public Works BPW Date 9/27/2022 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 Black & Veatch Corporation New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name North Water Treatment Plant Improvements Project Number 119-011 Funding Source Engineering Professional Services Account No. PROJ-56 Amount Increase $16,940 (Og. $177,861, New Total = $250,731) Terms of Contract HNTE Purpose/Description Amendment 3 for additional services for changed scope. 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: