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HomeMy WebLinkAboutAmendment No 2 to PSA - Seitz Park Retaining Wall & Design Proj No. 121-079 – American Structurepoint  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 14, 2023 Mr. Ryan Commins American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 rcummins@structurepoint.com; tmcnicholas@structurepoint.com RE: Amendment No. 2 to Professional Services Agreement Dear Mr. Cummins: At its February 14, 2023 meeting, the Board of Public Works approved the above referenced amendment for additional services for Seitz Park Retaining Wall Study and Design, Project No. 121-079 in an amount not to exceed $75,100 (hourly rate) with a new adjusted amount of $118,500. 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 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 two pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated November 23rd, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. __2___ 1.Background Data: a.Effective Date of Owner-Engineer Agreement: November 23, 2021 b.Owner:Board of Public Works, City of South Bend, Indiana c.Engineer: American Structurepoint, Inc. d.Project: Seitz Park Retaining Wall Study & Design – Project No. 121-079 2.Description of Modifications: a.Engineer shall perform or furnish the Additional Services described in the attached Proposal Letter dated January 6, 2023. b. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: $75,100. 3.Agreement Summary (Reference only) a.Original Agreement amount:$__33,400__________ b.Net change for prior amendments:$__10,000__________ c. This amendment amount:$__75,100__________ d. Adjusted Agreement amount:$__118,500_________ The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B 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. 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 the last date signed below. ENGINEER: OWNER: ______________________________________________ ____________________________ Elizabeth A. Maradik, President By: ____________________________ ____________________________ Gary A. Gilot, Member Title: ____________________________ ____________________________ Murray L. Miller, Member Date Signed:_________________________ DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B Bridge Group Leader 1/10/2023 Ryan Cummins February 14, 2023 2021.02999 January 6, 2023 Ms. Kara Boyles, Ph.D., PE City Engineer City of South Bend 227 West Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 RE: Seitz Park Retaining Wall Project No. 121-079 Amendment #2 Dear Ms. Boyles, For your consideration, American Structurepoint, Inc. is requesting supplemental fee for additional services to be performed under our agreement for the referenced project. Enclosed are man-hour justifications for the additional items for your review. Our proposed maximum not-to- exceed supplemental fee request is $75,100. American Structurepoint submitted an Engineers Report outlining the condition of the South Bend Dam north abutment that is adjacent to the fish ladder. The report provided recommendations to rehabilitate the retaining wall to improve the structural integrity. We are submitting this supplemental fee request in response to your email on November 10th to move forward with design of the recommendations. DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B Ms. Kara Boyles January 6, 2023 Page 2 2021.02999 Professional Engineering Services The proposed professional engineering services assume Ziolkowski Construction along with their sub- contractors (Contractor) will construct the project and the Lochmueller Group (Inspector) will perform construction inspection. The scope of services proposed include: • Design of rehabilitation techniques to improve the structural integrity of the dam abutment as recommended in the previously approved Engineers Report • Create an Investigation Plan. This will instruct the contractor where to perform exploratory digging behind the dam abutment to determine the condition of the wall.Be present onsite during exploratory digging to visually assess the condition of the concrete wall and recommend the appropriate repair techniques as outlined in the Investigation Plan. The recommendations will be based on visual observations only and more detailed investigation techniques, such as non- destructive testing, are not included in this supplemental. • Create plan sheets of rehabilitation details and specifications for the wall rehabilitation. The plan details shall consist of general concrete rehabilitation techniques to be applied by the Contractor as appropriate. The specifications will be notes on the plans. • Coordination with the Federal Energy Regulatory Commission (FERC) for approval to rehabilitate the dam abutment. This coordination will involve the University of Notre Dame as the channel to contact the FERC. Approval by the FERC is anticipated to require a Safety Plan, Temporary Construction Emergency Action Plan, and Quality Control Inspection Program. o Facilitate the creation and submission of these documents. Input from the City of South Bend, Contractor, and Inspector is required to complete the documents. • Notify and coordinate with the Department of Natural Resources as this project is adjacent to their fish ladder at the South Bend Dam. • Assist the City of South Bend to amend water permits obtained for the Seitz Park Reconstruction Project Number 117-093A, if necessary. The proposed scope of services does not include: • Non-destructive testing (NDT) • Creation of bid documents • Opinion of probable cost of construction • Obtaining new waterway permits • Construction Inspection • Creation of documents for the FERC other than those specifically identified • Survey • Geotechnical Engineering DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B Ms. Kara Boyles January 6, 2023 Page 3 2021.02999 We have attached email correspondence discussing these items, but please let me know if additional justification is needed. We appreciate your consideration and look forward to successful completion of this project. Please contact me with any questions at (574) 287-2231. Very truly yours, American Structurepoint, Inc. Ryan C. Cummins, PE Thomas J. McNicholas, PE Indiana Transportation Director Bridge Group – Project Manager RCC/TJM: pmm cc: Toy Villa, City of South Bend Rebecca Maenhout, City of South Bend Cash Canfield, PE, American Structurepoint, Inc. Enclosures DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B AMERICAN STRUCTUREPOINT, INC. MANHOUR JUSTIFICATION - FINAL DESIGN PHASE PROJECT: Seitz Park Retaining Wall Study & Design Scope of Work: East Race Wall Design 1/6/2023 ESTIMATED TIME WORK CLASSIFICATION TOTAL Preconstruction Meeting 16 4 Structural Design 8 4 4 Plans - Coordination and Review 8 12 Special Provisions 4 8 Coordination for Permits 8 8 Review Meeting with City 4 Revise Documents 4 2 4 Coordination with Stakeholders 12 6 Coordination with FERC 24 Site Inspections 16 16 Construction Services 16 16 TOTAL HOURS 120 0 64 20 0 Hourly Rates 250.00$        155.00$        165.00$        210.00$      105.00$      SALARY COST 30,000.00$   ‐$              10,560.00$  4,200.00$    ‐$            44,760.00$    DIRECT COSTS $30,300.00 TOTAL FEE 75,100.00$ Direct Costs Unit Cost Quantity Cost Mileage 0.39$ 0 $0.00 Meals 15.00$ 0 $0.00 Sub-Consultant $30,300.00 Total $30,300.00 Project Manager Project Engineer Designer Senior Designer Technician DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B LAWSON-FISHER ASSOCIATES P.C.PROJECT:South Bend Seitz Park Retaining Wall Study & Design (Amendment #1)Page 1 of 1 525 WEST WASHINGTON AVENUE American Structurepoint Inc. SOUTH BEND, INDIANA 46601 No.Total Shts.Partner Civil Eng. IV Civil Eng. III Civil Eng II Civil Eng I EI Prof Surveyor CAD Tech IV CAD Tech III Project Info. I Hours Project Design Development and Coordination Plan Review and Coordination for Permitting Impacts 8 4 12 Design Review Meetings (4 mtgs at 1 hr each)4 4 8 IDEM Section 401 WQC Permit App Development 1 2 12 2 4 21 Final Application Review and Submission 1 2 4 1 8 Agency Permit Review and Coordination 1 2 4 1 8 Army Corps Section 404 Permit Permit Application Development 1 4 2 7 Final Application Review and Submission 1 2 1 4 Agency Permit Review Coordination 2 1 4 1 8 IDNR Construction in a Floodway Permit Permit Application Development 1 4 16 2 4 27 Final Application Review and Submission 1 2 4 1 8 Adjacent Property Owner Notification 1 2 2 5 Agency Permit Review Coordination 1 2 4 1 8 FERC Coordination (Design and Construction) Coordination with Exemptee (UND)4 4 2 10 Prepare and Transmit FERC Review Materials 6 4 1 11 FERC Review Meetings (2 mtgs at 2hrs each) 4 4 8 Quality Control and Inspection Program (QCIP) 1 8 16 4 29 Temporary Construction Emergency Action Plan (TCEAP) 1 4 8 2 15 TOTAL FEE (Rounded up to nearest $100)30,300.00$ STAFF HOUR JUSTIFICATION November 18, 2022 No.Work Element STAFF HOURS BY CLASSIFICATION DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B 1 McNicholas, Thomas From:Kara Boyles <kboyles@southbendin.gov> Sent:Thursday, November 10, 2022 3:09 PM To:McNicholas, Thomas Cc:Toy Villa; Rebecca Maenhout Subject:RE: Seitz Park Fish Ladder Wall - Scope for Amendment #2 EXTERNAL EMAIL: Do not click any links or open any attachments unless you trust the sender and know the content is safe! Thomas, I met with Toy and Becca M. to discuss the report. Thank you for the tremendous amount of detail and consideration of alternatives. Please proceed with putting together an amendment. I also told Toy to pull the trigger on the exploratory work with Ziolkowski to keep things moving along. Can you reach out to Toy to confirm next steps? Over the next few months, you will also be hearing more from Becca as she gets into managing this project. Thanks, Kara Kara M. Boyles, Ph.D., P.E. City Engineer Division of Engineering (574) 235-5933 kboyles@southbendin.gov City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 Excellence | Accountability | Innovation | Inclusion | Empowerment From: McNicholas, Thomas <tmcnicholas@structurepoint.com> Sent: Monday, November 7, 2022 7:40 AM To: Kara Boyles <kboyles@southbendin.gov> Subject: Seitz Park Fish Ladder Wall - Scope for Amendment #2 Kara, We are completing the Engineers Report for the Seitz Park Fish Ladder Wall and will submit it to you this week. Do you plan for us to continue into design for this project? The following are possible scope items:  Design of the repair for the retaining wall  Obtain permits for the construction of the retaining wall  Review of construction cost estimate from the contractor to ensure it is reasonable DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B 2  Design services during construction which is recommended in the Engineers Report  Construction inspection – it may be appropriate for Lochmueller to perform this operation given their current role with the Seitz Park project I will prepare Amendment #2 if you want us to continue beyond the Engineers Report. Please let me know your thoughts. Thank you, Thomas J. McNicholas, P.E. Project Manager, Bridge Group 205 West Jefferson Blvd., Ste 404 South Bend, IN 46601 574.287.2231 OFFICE 517.474.2504 CELL structurepoint.com WEB Best Places to Work in Indiana Best Employers in Ohio DISCLAIMER: This message contains confidential information and is intended only for the individual named. 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DocuSign Envelope ID: 7C36DE6F-BC81-4BFD-BB10-926AFBBBE14B BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1/25/23 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: Other: Required Information Company or Vendor Name American Structurepoint, Inc. New Vendor Yes No If Yes, Approved by Purchasing MBE/WBE Contractor MBE WBE MBE/WBE Contractor Requested No Yes Name of Company Project Name Seitz Park Retaining Wall Study and Design Project Number 121-079 Funding Source PO- 0013274 Stormwater Account No. 667-06-605-517-431000-- Amount $75,100.00, New Contract Amount: $118,500.00 Terms of Contract Purpose/Description Hourly NTE Amendment No. 2 covers additional Construction Administration Services for design of a new retaining wall based on the recommendation in the inspection report. This project was coordinated with Notre Dame as it abutted their Hydroelectric Dam project. 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