HomeMy WebLinkAboutAmendment No 2 to OEA - Low-Cost Fincng. for LTCP WWPT CSO 045 – American Structurepoint, 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
January 24, 2023
Mr. Steven J. Davidson
American Structurepoint, Inc.
9025 River Road, Suite 200
Indianapolis, IN 46240
sdavidson@structurepoint.com
RE: Amendment No. 2 to Owner-Engineer Agreement
Dear Mr. Davidson:
At its January 24, 2023 meeting, the Board of Public Works approved the above
referenced amendment for the clean water State Revolving Loan Fund Program for Low-Cost
Financing for LTCP Wastewater Treatment Plant CSO 045 Equalization Basin in an increased
amount of $61,500, bringing the revised agreement amount to $2,415,523.
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
AMENDMENT NO. 2 TO OWNER-ENGINEER AGREEMENT
1.Background Data:
a.Effective Date of Owner-Engineer Agreement: 10/ 12/21 & 5/17/22
b.Owner: Board of Public Works, City of South Bend, Indiana
c.Engineer: American Structurepoint, Inc.
d.Project: WWTP CSO 045 Equalization Basin
2.Nature of Amendment
X Additional Services to be performed by Engineer
X Modifications to Payment to Engineer
3.Description of Modifications
Attachment 1, “Modifications”
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 date of latest required signature.
OWNER: ENGINEER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President Joseph R. Molnar, Vice President By:
Gary A. Gilot, Member Jordan V. Gathers, Member Title:
Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk
Date:
Date Signed: _
Page 1 of 1
2020.01456
January 24, 2023
Page 1
(Exhibit A-1 – Additional Services to be performed by Engineer)
This is Attachment 1, consisting of 5 pages, to
Amendment No. 2.
Modifications
1. Amendment No. 2, as set forth below, contemplates additional services to be performed by Engineer
and the respective fee. The total compensation due to Engineer under the Agreement, Amendment
No. 1, and Amendment No. 2 is $2,415,523, an increase of $61,500.00.
2. Exhibit A-1, Engineer’s Services, contemplating additional services to be performed by Engineer,
is included in the Agreement, as follows:
This is EXHIBIT A-1, Additional Services to be
performed by Engineer, consisting of 4 pages, referred to
in and part of the Agreement between Owner and Engineer
for Professional Services dated as of the last required
signature.
Engineer’s Services
Article 1 of the Agreement is supplemented to include the following agreement of the parties:
Engineer shall provide the Additional Basic Services as set forth below.
PART 1 – BASIC SERVICES
Preliminary Engineering Report
CSO 045 EQ Basin at the WWTP
ADDITIONAL SERVICES by ENGINEER
The City of South Bend (Owner) intends to pursue State Revolving Loan Fund (SRF) money
from the Indiana Finance Authority (IFA) to finance the CSO 045 EQ Basin at the Owner’s
Wastewater Treatment Plant (WWTP) required under their Federal Consent Decree for control
of combined sewer overflows. The proposed plan will be the first project in the City’s Phase II
Long Term Control Plan of the revised consent decree for control of combined sewer overflows.
The project includes the following:
1. Installation of a 3.0 MG EQ Basin with gravity dewatering discharge to the existing 96-
inch interceptor
2. Removal of the existing CSO 045 diversion structure
3. Construction of a new CSO diversion structure to divert flows to the proposed EQ Basin
in heavy storm events
4. Re-alignment of the existing 48-inch diameter interceptor on-site around the EQ Basin
5. Construction of a new EQ Basin influent pump station
Page 2
(Exhibit A-1 – Additional Services to be performed by Engineer)
6. Construction of a new control building, emergency generator, and controls for the EQ
Basin
This project SRF loan involves preparation of a Preliminary Engineering Report (PER) in order
to obtain funding through the SRF program. The PER will be prepared in accordance with latest
Preliminary Engineering Requirements for Wastewater SRF Projects Guidance Document.
PART 1 – BASIC SERVICES
Development of the Preliminary Engineering Report Task
A. The proposed work is outlined as follows:
1.1 Conduct a kickoff meeting with Owner. During the kickoff meeting, the following
will be discussed:
a) Project scope
b) Communication protocol and contact
c) Deliverable, and
d) Schedule
1.2 Prepare and submit a SRF Program Application on behalf of South Bend for the
following proposed EQ Basin Project:
a) Installation of a 3.0 MG EQ Basin with gravity dewatering discharge to the
existing 96-inch interceptor
b) Removal of the existing CSO 045 diversion structure
c) Construction of a new CSO diversion structure to divert flows to the proposed
EQ Basin in heavy storm events
d) Re-alignment of the existing 48-inch diameter interceptor on-site around the
EQ Basin
e) Construction of a new EQ Basin influent pump station
f) Construction of a new control building, emergency generator, and controls for
the EQ Basin
1.3 Attend a pre-planning meeting with City of South Bend and the Indiana Finance
Authority (IFA)
1.4 Conduct a green project analysis to determine ways to reduce power consumption,
chemical usage, and other considerations to develop a case for achieving the green
project goals and receive a reduced interest rate.
1.5 Consolidation of PER elements for preparation pursuant to the most recent
guidelines published by IFA. The general sections will be as follows:
a) Project Location (Chapter 1)
b) Current Situation (Chapter 2)
Page 3
(Exhibit A-1 – Additional Services to be performed by Engineer)
c) Future Situation (Chapter 3)
d) Evaluation of Alternatives including developing, for all technically feasible
alternatives, capital cost, annual O&M cost, salvage value, present worth and
net present worth cost estimates, and preform water and energy efficiency
analysis and associated cost savings (Chapter 4)
e) Evaluation of Environmental Impacts (Chapter 5)
i. Environmental review documentation, as required under Chapter 5 of the
IFA PER Guidance
ii. Perform an archaeological records check
f) Selected plan (Chapter 6)
g) Legal, financial, and managerial capabilities including the status of the Fiscal
Sustainability Plan related to the SRF project (Chapter 7).
h) Public participation (Chapter 8): Conduct a public hearing on the PER with
the Owner. The Engineer will prepare the public hearing agenda, meeting
minutes, and compile the public comments. The information will be
incorporated into the PER as appendix per SRF requirements.
1.6 Coordinate appendices preparation, including resolutions, financial forms, design
summary, and green project incentives
1.7 Prepare a Fiscal Sustainability Plan (FSP) for the assets associated with the
project. This includes providing required documentation to the IFA
1.8 Prepare draft PER and conduct a review meeting with Owner. The Engineer will
furnish three review copies of the PER to Owner within 97 calendar days of
authorization to begin services and review it with Owner within seven days after
draft PER submittal. Within 10 calendar days of receipt, Owner shall submit to
Engineer any comments regarding the draft PER.
11.9 Revise the report in response to Owner’s comments, as appropriate, and furnish
three copies of the final PER to the Owner and to IFA within 10 calendar days of
receipt of Owner’s comments
1.10 Respond to one round of comments from IFA on PER
B. Engineer’s services under the Study and Report Phase will be considered complete on the
date when the PER has been submitted to IFA and, if applicable, Engineer has responded
to one round of comments from IFA.
C. Assumptions:
1. The Owner will provide the relevant information outlined above in a timely manner
2. The projects and the associated alternative analysis will be based on the information
provided in the Wastewater Treatment Plant Expansion Study report, May 2015,
the South Bend WWTP – CSO 045 Equalization Basin Study, June 2022, and any
additional information received during the workshops and data collection
Page 4
(Exhibit A-1 – Additional Services to be performed by Engineer)
D. Deliverables:
1. Three hard copies and one electronic copy of the draft PER
2. Three hard copies and one electronic copy of the final PER
E. Meetings:
1. One kickoff meeting with Owner
2. One pre-planning meeting with Owner and IFA
3. One public hearing
4. One review meeting with the Owner
F. Schedule
The proposed work will be completed within 114 days after receiving the Notice to Proceed (NTP)
from the Owner. A breakdown of the preliminary schedule is as follow:
Kickoff meeting with Owner Seven(7) days after NTP
Pre-planning meeting with Owner and IFA 30 days after kickoff meeting with Owner
Draft PER 60 days after pre-planning meeting
Review meeting Seven (7)days after draft PER submittal
Final PER and IFA submittal 10 days after review meeting with Owner and
IFA comments
Page 1
(Exhibit C-1 – Compensation for Additional Services to be performed by Engineer)
3. Exhibit C-1, Compensation to Engineer for Additional Services and Reimbursable Expenses is
included in the Agreement, as follows:
This is EXHIBIT C-1, Compensation for Additional
Services to be performed by Engineer, consisting of 1 page,
referred to in and part of the Agreement between Owner and
Engineer for Professional Services dated as of the last
required signature.
Payments to Engineer for Additional Services and Reimbursable Expenses
COMPENSATION PACKET BC-1: Additional Basic Services – Lump Sum
Article 2 of the Agreement is supplemented to include the following agreement of the parties:
ARTICLE 2 – OWNER’S RESPONSIBILITIES
C-1.2.01 Compensation for Additional Basic Services described in Exhibit A-1 – Lump Sum
Method of Payment
A. Owner shall pay Engineer for Basic Services set forth in Exhibit A-1, except for services of
Engineer’s Resident Project Representative, if any, as follows:
1. A Lump Sum amount of $61,500
2. The Lump Sum includes compensation for Engineer’s services and services of
Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the
Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses.
3. The portion of the Lump Sum amount billed for Engineer’s services will be based
upon Engineer’s estimate of the percentage of the total services actually completed
during the billing period.
B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 and
modified by Exhibit C-1 is conditioned on a period of service not exceeding 114 days. If
such period of service is extended, the compensation amount for Engineer's services shall be
appropriately adjusted.
1. Professional services hourly billing rates, mileage rates, and consumables costs are
subject to annual adjustment on January 1st of every calendar year during the duration
of the project. Cost adjustments will be handled through approved Amendments to
the Contract.
Amendment 2 for the PER
PER
Project Management
Data Collection
Modeling
Basis of Design
Site Assessment
30% Design
60% Design
90% Design
100% Design
Bidding
Construction Administration
Post Construction
TOTAL:
Task Task Budget Principal in
Charge
Sr. Project
Manager
Project
Manager Senior Engineer Project
Engineer Staff Engineer Senior CAD
Technician
Sr. Environmental
Specialist
Environmental
Specialist Staff Scientist Registered
Surveyor
Survey Crew
Member Admin/ Clerical Subtotal
PER
1. Consult w/ Owner - kick off mtg $ 2,840 4 4 4 12
2. Prepare and Submit IFA application $ -
3 Attend pre-planning meeting with IFA $ 5,680 8 8 8 24
4. ID & Evaluate Alternatives for each Project $ -
6. Prepare SRF PER $ -
a. Prepare Section 1 - Project Location $ 560 4 4
b. Prepare Section 2 - Current Situation $ 2,250 1 1 12 14
c. Prepare Section 3 - Future Situation $ 2,250 1 1 12 14
d. Prepare Section 4 - Evaluation of Alternatives $ 5,060 2 4 24 30
e. Prepare Section 5 - Eval of Env. Impacts $ 4,210 1 2 24 27
f. Prepare Section 6 - Selected Plan $ 3,380 2 2 16 20
g. Prepare Section 7 - Legal, Fin., Mgmt. Cap. $ 5,060 2 4 24 30
h. Prepare Section 8 - Public Participation $ 2,810 1 1 16 18
i. Prepare Appendices $ 5,060 2 4 24 30
7. Conduct Public Hearing $ 5,120 8 2 16 26
8. Prepare GPR Business Case $ 2,530 1 2 12 15
9. Prepare Fiscal Sustainability Plan $ 3,090 1 2 16 19
10. QA/QC & Revisions $ 3,360 4 16 20
11. Owner Review Meeting $ 2,280 4 8 12
12. Revise Report $ 2,240 16 16
13. Deliver Final Report to IFA for Review $ 1,130 1 1 4 6
14. Respond to one (1) round of IFA comments $ 2,260 2 2 8 12
15. Provide monthly progress reports $ -
$ -
$ -
$ -
$ -
$ -
$ -
Total Hours 41 44 264 349
Professional Services Fee Subtotal $ 61,170
Direct Costs $ 375
PER Phase Total $ 61,500
Direct Costs Quantity Units Unit Price Cost # trips round trip mileage
Mileage reimbursement 600 miles $ 0.625 $375 20
Hotel day $ 140
Project Title:South Bend EQ Basin PER
Client:City of South Bend, Indiana
Project Number:"2020.01456"
Date:Decemebr 13, 2022
MANHOUR JUSTIFICATION WORKSHEET
PROJECT FEE SUMMARY BY PHASE
Project Manager:Herb Butler
$61,500
Amendment 2 for the PERProject Title:South Bend EQ Basin PER
Client:City of South Bend, Indiana
Project Number:"2020.01456"
Date:Decemebr 13, 2022
MANHOUR JUSTIFICATION WORKSHEET
Project Manager:Herb Butler
Per Diem day $ 30
Printing sheet $ 0.10
Shipping
Subconsultants
Sub 1
Sub 2
Sub 3
Sub 4
Sub 5
Sub 6
Other
Direct Costs Subtotal $375
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 1/16/2023
Name: Kieran Fahey Department of Public Works – Engineering Division
BPW Date: 1/24/2023 Phone Extension:
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Michael Schmidt
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 American Structurepoint, Inc
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name LTCP Wastewater treatment plant storage tank
Project Number 121-071
Funding Source LTCP Engineering
Account No. PR-00012418 | #641-06-605-514-431002
Amount $61,500
Terms of Contract Design of CSO storage tank
Special Contract Provisions
Purpose/Description To fund Sate Revolving Fund access. Clean Water SRF (CWSRF)
program is a federal-state partnership that provides communities low-
cost financing for a wide range of water/waste water projects.
For Change Orders Only
Amount of Increase
Decrease
$ 61,500
($ )
Previous Amount $ 2,354,023
Current Percent of Change:
Increase
Decrease
2.6%
( %)
New Amount $ 2,415,523
Total Percent of Change:
Increase
Decrease 2.6%
%
( %)
Time Extension Amount: 0
New Completion Date: 0