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HomeMy WebLinkAboutAmendment No 1 to PSA - New Fellows Booster Pumping Station – Donohue & Associates, 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 April 11, 2023 Mr. Steven P. Gress, P.E. Donohue & Associates, Inc. 209 N. Main St., Suite 206 South Bend, IN 46601 sgress@donohue-associates.com RE: Amendment No. 1 to Professional Services Agreement Dear Mr. Gress: At its April 11, 2023 meeting, the Board of Public Works approved the above referenced agreement for the new Fellows Booster Pumping Station Improvements, Project No. 121-070 in an amount not to exceed $48,400 with a new adjusted total of $318,900 (hourly rate). Enclosed please find a copy of the agreement 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 September 28, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 1 1.Background Data: a.Effective Date of Owner-Engineer Agreement:September 28, 2021 b.Owner:Board of Public Works, City of South Bend, Indiana c.Engineer:Donohue & Associates, Inc. d.Project:New Fellows Booster Pumping Station 2.Description of Modifications: a.Engineer shall perform or furnish the following Additional Services: 1)Locust Booster Station Improvements a)Engineer will communicate and coordinate with the manufacturer of the existing Locust Road Booster Pumping Station (EFI) regarding the procurement and installation of a new booster pump in the available “future pump” location. b)Engineer will review manufacturer’s recommended pump sizing and associated instrumentation, electrical and controls improvements and provide recommendations to Owner. 2)Engineer will prepare a Drinking Water State Revolving Fund (DWSRF) application for the Owner to submit to Indiana Finance Authority (IFA). 3)Prepare a Preliminary Engineering Report (PER), confirming with the Owner the Project needs and goals to be included in the preparation of the PER. 4)The PER will be prepared in accordance with the requirements of the Indiana Drinking Water SRF Program, as it is administered by the Indiana Finance Authority (IFA). The PER will be developed in accordance with the “Preliminary Engineering Report Requirements”, as they are stipulated by the IFA’s Drinking Water State Revolving Fund (DWSRF) Loan Program guidance document (most recent edition, July 2018). The PER will include the following: a)Chapter 1 – Project Locations b)Chapter 2 – Current Needs 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. c)Chapter 3 – Future Needs d)Chapter 4 – Evaluation of Alternatives e)Chapter 5 – Evaluation of Environmental Impacts f)Chapter 6 – Proposed Project g)Chapter 7 – Legal, Financial and Managerial Capabilities h)Chapter 8 – Public Participation i)Prepare an Executive Summary of the PER. j)Prepare appendices to the PER, including: i) Signatory Authorization Resolution ii) PER Acceptance Resolution iii) Financial Information Form iv) Public Notice v) Preliminary Design Summary vi) Indiana SRF Green Project Reserve Sustainability Incentive Checklist vii) Asset Management Certification Form 5)Other services associated with the PER will include the following activities: a)Attend a preplanning meeting with Indiana SRF and Owner representatives to prepare a PER. Attend any other coordination meetings with Indiana SRF as required for approval of PER. b)Conduct a workshop with the Owner to review drafted chapters 1-6. c)Assist the Owner with scheduling, advertising for and conducting a public hearing for the prepared PER. The Owner shall pay the cost for publishing the public hearing notice in a local newspaper and prepare the minutes or transcript for the public hearing. d)Prepare a transmittal letter for signature by the Owner to submit the prepared PER to Indiana SRF. Submit the signed transmittal and PER copies to Indiana SRF for review and respond to review comments. Four (4) copies of the completed PER will be printed for distribution of two (2) copies to the Owner and two (2) copies to Indiana SRF. An electronic PDF copy of the completed PER will also be submitted to the Owner and Indiana SRF if requested. e)Respond to review comments from Indiana SRF for the submitted PER and revise the PER based for revisions requested by Indiana SRF. 6)Scope of additional services does not include ancillary consultation services, including: a)Financial and/or legal services. b)Property acquisition service. c)Additional design, bidding or construction phase services. d)Development and/or review of Asset Management Program(s). b.The schedule for rendering services associated with this Amendment No. 1 are as follows: 1)Locust Booster Station Improvements: 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. a)Engineer initiated contact with EFI in January of 2023 and will continue to proceed with coordination until receipt of manufacturer’s recommendations. b)Once manufacturer’s recommendations are received, Engineering will review them and provide Owner with analysis of manufacture’s recommendations within 2 weeks. 2)SRF Document Submittals: a)SRF Application: February 15, 2023 b)Draft Chapters 1-6: March 8, 2023 c)Public Hearing PER: March 24, 2023 i) Contingent upon receiving review comments by March 15, 2023 d)Final PER: Four weeks following date of Public Hearing 3.Agreement Summary (Reference only) a. Original Agreement amount:$ 270,500.00 b. Net change for prior amendments:$0.00 c. This amendment amount: Locust BS (Hourly, NTE):$10,000.00 PER (Lump Sum):$38,400.00 d. Adjusted Agreement amount:$318,900.00 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 02/28/2023. OWNER: ENGINEER: By:By: Steven P. Gress, PE Title:Title: Vice President Date Signed:Date Signed:02-13-2023 April 11, 2023 City of South Bend Department of Administration & Finance Change Order Request Form Multiple PO lines: Project POs: PO Number PO-0012147 Line Number Item 1 - Original Contract; New Item 2: Amendment No. 1 Original Dollar Amount $270,500.00 New Dollar Amount (For liquidation request, enter $0)Increase of $48,400.00. New Total $318,900.00 Reason Code (if changed) Financial Dimensions (fund-dept- division-subdivision-main account)430-10-102-121-431002 Project Code (if applicable) Description of change (include budget impact) Amendment No.1 - Additional Services for State Revolving Fund Application, Preliminary Engineering Report, and Locust Booster Station Pump Assessment APPROVED BY PROJECT ACCOUNTING TEAM (if applicable)(PAT member's name and date to be completed by PAT member) PO Number Line Number Original Dollar Amount New Dollar Amount (For liquidation request, enter $0) Reason Code (if changed) Financial Dimensions (fund-dept- division-subdivision-main account) Project Code (if applicable) Description of change (include budget impact) APPROVED BY PROJECT ACCOUNTING TEAM (if applicable)(PAT member's name and date to be completed by PAT member) PO Number Line Number Original Dollar Amount Changing the line amount: You can only change a line amount if it has NOT been invoiced against. • If the line has NOT been invoiced – reduce the line amount to equal what it should be. • If the line has been invoiced – cancel the delivery remainder and finalize the individual line, then add a new line for the amount that should be remaining. If you have changes to more than one line on the same PO, fill out a separate section for each line affected by the change order. For change orders on project-related POs, this form must be approved by the Project Accounting Team as described in Supplement 508. Supplement 508 Form - Change Order Request Form PO-0012147 1 of 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 04-03-2023 Name: Jacob M. Klosinski Department of Public Works – Engineering Division BPW Date: 04-11-2023 Phone Extension: 9496 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Michael Schmidt Purchasing Mickey Lovy 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 Donohue & Associates, Inc. (V-00000476) New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Fellows Booster Pumping Station (aka, Fellows Reservoir and Booster) Project Number 121-070; PROJ00000032; PO-0012147 Funding Source TIF – Southside Development #1 Account No. 430-10-102-121-431002 Amount Orig. $270,500.00; Amend. No. 1 is $48,400.00; New Total: $318,900.00 Terms of Contract Locust Booster Pumping Station (Hourly, Not to Exceed); State Revolving Fund Application and Preliminary Engineering Report (Lump Sum) Special Contract Provisions Purpose/Description Division of Engineering and Division of Water Works requests the Board of Public Works approval of Amendment No. 1 to the Professional Services Agreement with Donohue & Associates to complete a State Revolving Fund Drinking Water Application, Preliminary Engineering Report, and assess pump deficiencies at the Locust Booster Pumping Station. For Change Orders Only Amount of Increase Decrease $ 48,400.00 ($ ) Previous Amount $ 270,500.00 Current Percent of Change: Increase Decrease 17.9% (%) New Amount $ 318,900.00 Total Percent of Change: Increase Decrease % (%) Time Extension Amount: No Change New Completion Date: No Change