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HomeMy WebLinkAboutAmendment No 1 to PSA - Seitz Park Reconstr., Phase I Proj No. 117-093A – Lochmueller Group1316 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 14, 2023 Mr. David Barich, PE, PS Lochmueller Group, Inc. 112 West Jefferson Blvd, Suite 500 South Bend, Indiana 46601 Dbarich&lochgroup. com RE: Amendment No. 1 to Professional Services Agreement Dear Mr. Barich: At its February 14, 2023 meeting, the Board of Public Works approved the above referenced amendment for additional services for Seitz Park Reconstruction, Phase I, Project No. 117-093A in an amount not to exceed $209,560 (hourly rate) with a new adjusted amount of $786,040. 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/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER This is EXHIBIT K, consisting of 4 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February, 2021. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No.1 1. Background Data: a. Effective Date of Owner -Engineer Agreement: February 9, 2021 b. Owner: City of South Bend C. Engineer: Lochmueller Group d. Project: Seitz Park Phase 1 Construction Inspection — Project Number 117-093A 2. Description of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 1.) Modified Compensation: According to Exhibit A, Section A.102 (P. Duration of Construction Phase) Lochmueller is entitled to an equitable increase in compensation. Lochmueller is requesting that this equitable increase commence on February 1, 2023 using the rate schedule attached to this amendment. 2.) Additional Compensation: According to Exhibit B, Section B.2.01 (A. Period of Service) Lochmueller compensation amount shall be appropriately adjusted. See newly prepared Appendix 3 to Exhibit C added to this amendment, which includes the hourly rate schedule and fee justification. e. The schedule for rendering services is modified as follows: Exhibit A, Part 1— Basic Services, Section A1.05 Schedule shall be amended to: Anticipated Completion Date: August 31, 2023 Page 1 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 9 2008 National Society of Professional Engineers for EJCDC. All rights reserved. [List other Attachments, if any] ■ Appendix 3 to Exhibit C (2 pages) 5. Agreement Summary (Reference only) a. Original Agreement amount: $576,480.00 b. Net change for prior amendments: $0.00 c. This amendment amount: $209,560.00 d. Adjusted Agreement amount: $786,040.00 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 JanuM 25 2023. OWNER: By: ara M. Boyles, PhD, PE ENGINEER: D)I-D I By: David Barich, PE, PS Title: City Engineer Title: Construction Engineering Manager Date Signed: a - 16 - aoa.3 Date Signed: January 25, 2023 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ldl�4 '1'1�zPT Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Murray L. Miller, Member Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: February 14, 2023 Page 2 (Exhibit K— (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 3 to EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Feb 9, 2021 and amended with an effective date of January 25, 2023. Standard Hourly Rates Schedule C. Standard Hourly Rates: Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 1. The Standard Hourly Rates apply only as specified in Article C2. D. Schedule: Hourly rates for services performed on or after the date of the Agreement are: Page 5 Exhibit C — Appendix 2: Standard Hourly Rates Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. L-ZMMUELLER GFR4UUP PROJECT. Seitz Park Reconstruction Phase 1 Construction Inspection Amendment Client Name: City of South Bend Project Number: 117-093A DESCRIPTION STAFF HOURS BY CLASSIFICATION TOTAL HOURS f TASK TOTAL DOLLARS f TASK Working Days per Month Senior PM Project Manager RPR RPR OT Construction Engineer Construction Engineer OT Construction nspector Construction nspector OT January-23........................................ 21 0 S0.00 Februa.r0.-23..................................... ................ 20 0 S0.00 March-23 23 30.0 30 $4047.90 ApriH23................................................ 20 12.0 73.0 160.0 242 $36638.84 May . ................................................. 22 12.0 73.0 176.0 4.0 262 $39423.36 June-23 22 12.0 73.0 176.0 4.0 262 $39423.36 ................ ................................................ July23 _ 20 40.0 35.0 160.0 4.0 239 $37823.64 August-23.......................................... 23 12.0 70.0 184.0 4.0 270 540502.80 september-23.................................. 20 ❑ 50.00 Octnher-23 22 ❑ SG on ................................................................... November-23 20 1R ❑ $0.00 December -23 19 ❑ so 00 Total Hours 2023 Avera a,2% Rate Per C lassirrcation as $23777 0 $196.97 315 $174.24 0 $201.97 am $134.93 16 $156�41 6 $118.77 ❑ $137.66 $197 Total Cost-2023 $2092376 W.00 $54885.80 $000 $119547.98 $250256 $0.00 $0.00 January24 _ 22 0 SO." FebruaD0gj..................................... 21 0 $0.00 March-24 21 0 50.00 Aprik24................................................ 22 0 SG on May 21 .................................................. 22 0 $0.00 June-24 20 0 $❑.00 ................................................ Juy-24 22 0 $0.00 August-24 22 0 S0.00 ................................................................... September-24 20 0 3G.00 October-24 23 0 $0.00 ................................................................... November-24 19 0 30.00 December-24 20 0 $0.00 Total Hours 2024 Are ra a H. Rate Per Classification 0 $246.09 0 $20335 0 $180.34 0 $209.04 0 $139.65 0 $161.80 0 $122.93 ❑ S142MIJ $OAO Total Cast-2024 1 $OAO $0.00 $0A0 0.00 $❑All $13A0 $❑A❑ $❑A❑ Group Total S20,923.76 S0.00 S54,88E.60 S0.00 S119, 547.99 52,E02. E6 S0.00 S0.00 130E $197,359.90 Sub vibratorV above on nal contract S11 699.86 TOTAL: $209,559.76 TOTAL ROUNDED: $209,560.00 Contract Fee $209,560.00 Page 6 Exhibit C - Appendix 2: Standard Hourly Rates Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/26/2023 Department Public Works Name Rebecca Maenhout Division/Bureau Engineering BPW Date 02/14/2023 Phone Extension 5996 Required Prior to Submittal to Board Legal ❑ Attorney Name: Michael Schmidt Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Michael Schmidt Check the Appropriate Item Type — Required for All Submissions ® Agreement Amendment ❑ Contract ❑ Proposal ❑ Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: I-1 Other: Required Information Company or Vendor Name Lochmueller Group ❑ Yes ® No ❑ If Yes, Approved by New Vendor Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Seitz Park Reconstruction Project Number 117-093A Funding Source PO-007779 Parks & Recreation Account No. 436-10-102-121-444000— PROJ00000079 Amount $209,560.00 Terms of Contract Hourly NTE Purpose/Description Amendment No. 1 Covers additional Construction Inspection Services for Seitz Park Reconstruction Phase 1. ❑ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Required For Change Orders Only Amount of ❑ Increase $ ❑ Decrease $ Previous Amount Current Percent of Change New Amount Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ ❑ ❑ ❑ ❑