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HomeMy WebLinkAboutAmendment No 6 to PSA - Seitz Park Reconstruction, Phase I Proj No. 117-093A – 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 14, 2023 Ms. Emily S. McKinnon, PE SmithGroup Inc. 201 Depot St., Second Floor Ann Arbor, MI 48104 emily.mckinnon@smithgroup.com RE: Amendment No. 6 to Professional Services Agreement Dear Ms. McKinnon: 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 $89,300 (hourly rate) with a new adjusted amount of $1,229,016. 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 2 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. _6____ 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 based on the current contractor’s scheduled completion date of August 7, 2023. We estimate one (1) additional month of professional services beyond our previous amendment. 2) The scope of services also includes design work for Owner requests for design changes beyond the originally approved construction documents for Phase I for the following: a) Re-design of the north portage due to unforeseen conditions, including hiring American Structurepoint Inc and Weaver Consultants Group to assess SmithGroups recommended design options. b) Re-design options for the floating dock and ramp given contractor’s subcontractors issues with product availability and schedule. c) Re-design of planting plans due to new comments received from VPA’s Ecological Advocacy Committee. d) Adding the design of the permanent electrical service routing to the IDNR fish ladder that was originally in the UND hydroelectric project scope of work as well re-design of the new building sanitary sewer line alignment given the sanitary relocation installed by UND was not installed per original design. 3) Per Owner request, additional scope of services is included to evaluate options of redesigning Gintz Road and associated Stephenson Mills parking areas. has previously developed 60% construction documents for the resurfacing of Gintz Road and the reconstruction of the parking lot south of Stephenson Mills. The design assumed that the existing curb and walkways on the west side of Stephenson Mills would remain as-is. The adjacent Cascades Development team suggested raising the elevation of Gintz Road to better align with their Phase 1 constructed improvements. 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. The City would like to explore a revised design option that addresses the City needs as well as Stephenson Mills and the Cascades. The following additional tasks are proposed: a) As-Built Topographic Survey: Abonmarche (or other local surveyor) will perform an as-built survey of the eastern portion of the Cascades Phase 1 development including but not limited to Finish Floor elevation, door locations, exterior pads, utility manholes and hydrants, driveways and other changed surface conditions from when the prior survey was completed in 2018/2019. The as-built information will be combined with the previous completed survey to create a base map for use in the following tasks. b) Preliminary Design: SmithGroup will prepare preliminary design options (up to two options) for Gintz Drive that accounts for the as-built conditions of the Phase 1 Cascades development, existing Stephenson Mills infrastructure and future Seitz Park design, including UND Hydroelectric infrastructure. The design options will consider providing access to the exterior doors on the east side of the Cascades building, primarily for maintenance needs, while maintaining universal access within the Stephenson Mills parking and entry walk areas. The design options will extend to connect to the Seitz Park and UND infrastructure elements to provide adequate access for vehicular and pedestrian access throughout the combined sites. The reconstruction of the Stephenson Mills parking lot will be included as well. The preliminary design options, including preliminary opinions of probable construction costs will be reviewed with City staff. SmithGroup will incorporate review comments into a preferred preliminary design that the City can review with the adjacent property owners. SmithGroup will participate in one virtual review meeting with adjacent property owners at the City’s request. c) Construction Documents: SmithGroup will prepare final construction documents using City of South Bend standard details and specifications as a separate bid package from current Seitz Park project. SmithGroup will assist the City in preparing the formal bid package for Gintz Drive and providing assistance throughout the bidding process. Note: Labor included in this task is re-designing up to 60% construction documents and for preparing the documents as a separate bid package. Preparation of the final 100% construction documents is included in prior Amendment No. 1. d) Implementation: During construction, SmithGroup will respond to contractor questions (RFIs), review submittals/shop drawings and participate in weekly coordination phone calls. If needed, SmithGroup has included an allowance to perform two (2) on-site field observation visits. It is anticipated that this work will occur after the Phase 1 completion date. 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 (Phase I): 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 one (1) additional month. Construction site visits are anticipated to happen approximately one time per month. Page 3 (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 participated in numerous additional coordination calls beyond typical progress meetings and prepared revised drawings for Owner requested design changes (noted above) that were issued as bulletins to the construction contract documents. 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 (Phase I) – fifty-six thousand and eight hundred dollars ($56,800.00) 2)Gintz Road/Stephenson Mills Parking Additional Services – thirty-two thousand and five hundred dollars ($32,500.00) d.The schedule for rendering services is modified as follows: 1)Extends Phase 1 completion date to August 7, 2023. 2)Implementation Services for Gintz Road/Stephenson Mills parking is to be determined. 5. Agreement Summary (Reference only) a. Original Agreement amount:$____186,400______________ b. Net change for prior amendments: $____953,316____________ c. This amendment amount (hourly):$_____89,300_________ d. Adjusted Agreement amount:$___1,229,016______________ 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 _January 23, 2023. OWNER: ENGINEER: By: By: Emily S McKinnon, PE Title: Title: Director of Operations Date Signed: Date Signed: January 23, 2023 February 14, 2023 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: Micheal 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 SmithGroup JJR 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 Reconstruction Project Number 117-093A Funding Source PO - 0006606 Parks Bond Account No. 436-10-102-121-444000--PROJ00000079 Amount $89,300.00 Terms of Contract Purpose/Description Hourly NTE Amendment No. 6 covers additional Construction Administration Services for Seitz Park Reconstruction Phase I 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