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HomeMy WebLinkAboutAmendment No 1 to PSA - Century Center Elecrical & HVAC Proj No. 122-017- Black & Veatch Corp.  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 July 11, 2023 Mr. Adam P. Westermann Black & Veatch Corporation 8415 Allison Pointe Blvd., Suite 410 Indianapolis, IN 46250 Westermannap@bv.com RE: Amendment No. 1 to Professional Service Agreement Dear Mr. Westermann: At its July 11, 2023 meeting, the Board of Public Works approved the above referenced amendment for the Century Center Electrical and HVAC Improvements in an increased amount of $182,455 with a new adjusted total $248,090. 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 INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Board of Public Works FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: Amendment #1 for PSA with Black and Veatch Corporation Century Center Electrical Improvements Project 122-017; PROJ 325; PR 25896 DATE: July 11, 2023 Black & Veatch’s proposal to perform engineering services for the design of electrical improvements to the Century Center as recommended in the preliminary design. It is requested the Board of Public Works approve Amendment #1 of the Engineering Professional Service Agreement with Black and Veatch for an increase of $182,455 to the contract price. This brings the total contract price to $248,090. Thank you for your consideration of this request. 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 9 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 22, 2022. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. __1__ 1. Background Data: a. Effective Date of Owner-Engineer Agreement: February 22, 2022 b. Owner: City of South Bend, Indiana c. Engineer: Black & Veatch Corporation d. Project: Century Center Electrical & HVAC Improvements 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: Task 101 – Project Management and Administration Engineer will continue to support the Owner by managing the project to coordinate work efforts of all design disciplines, monitor the project budget and schedule and keep the Owner informed of project progress and issues necessary for success of the project. The following activities will be performed: 1. Project Meetings and Workshops Engineer will organize and attend project meetings and teleconferences with the Owner. The kickoff meeting will be held in South Bend at the Owner’s office to discuss the goals and objectives of the project, establish lines of communication, as well as perform a site visit and gather the necessary data to begin the Century Center Improvements effort. After the Basis of Design Memorandum/50-percent and 90-percent design deliverables, virtual meetings will be held with the Owner to review the deliverables and discuss any comments received. The duration of each meeting is anticipated to be up to two hours each and the meetings will be attended by the project manager, engineering manager, and lead electrical engineer. Engineer will also lead up to two 1-hour teleconferences to review status of the project and discuss any outstanding questions with the Owner. 2. Project Coordination and Invoicing Engineer will provide project supervision, direction, and coordination with the Owner’s management and staff. Project administration and management also includes budget and schedule control, client management support, document control, coordination of activities, 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. monthly invoicing and project close-out for up to 30 months. Engineer will maintain a change register of any scope changes affecting the project budget or schedule and review it with the Owner on a monthly basis. Engineer shall discuss and receive written approval for any scope changes from the Owner prior to proceeding. PHASE 2 – DESIGN AND BID PHASE SERVICES Design and bid phase services will be provided for 6 consecutive months. Services beyond 6 months can be provided as a supplemental service. Task 201 – Basis of Design Memorandum A Basis of Design Memorandum (BDM) will be prepared to provide design information and project direction. The BDM will establish design criteria, project design schedule, project sequencing plan, control descriptions, and other important project design information. An electronic copy in PDF format of the Draft BDM will be provided to the Owner for review in conjunction with the 50% Design Deliverable to finalize design criteria. The Owner’s comments will be incorporated and an electronic copy in PDF format of the Final BDM will be submitted. Task 202 – Design and Contract Document Development The Engineer will prepare Contract Documents consisting of drawings and specifications to incorporate Option 2 for the Century Center electrical improvements, with provisions in the Contract Documents to allow for City selection Century Center Option 2A electrical improvements as described in Black & Veatch’s Preliminary Engineering Technical Memorandum dated November 15, 2022. The documents will be prepared for the selection of a private construction contractor on a competitive bid basis. One contract will be prepared for the performance of all work, including procurement of equipment. The Engineer’s Standard Documents will be used for preparation of technical specifications and C-700 Standard General Conditions 2013 Edition will be used for the front-end documents. A Preliminary Drawing List includes: General • Cover Sheet • Index of Drawings, Annotation and Symbols Legend • Recommended Construction Sequence Civil • Civil Legends and General Notes • Existing Conditions Plan • Erosion and Sediment Control Plan 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. • Site Plan • Erosion and Sediment Control Details • Civil Details Structural • Structural Legends and General Notes • Electrical Switchgear Structural Plan and Sections • Structural Details Electrical • Electrical Legends • Electrical Abbreviations and Notes • Site Plan (1 of 2) • Site Plan (2 of 2) • Power Distribution Functional Diagram • Schematic Diagrams • Electrical Details (1 of 2) • Electrical Details (2 of 2) Contract Documents will be reviewed by senior engineers for quality assurance. The review will cover conformance to standards, completeness, adherence to sound engineering practices, and constructability. Deliverables for the project include: Basis of Design Memorandum / 50 Percent Design Deliverable • Draft Basis of Design Memorandum • Preliminary Construction Sequencing Plan • Civil Plans, Sections and Details • Structural Plan, Sections and Details Page 4 (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. • Electrical Site, Power Plan and One-Line Diagrams • Technical Specifications including process interconnections, electrical, and functional description • Preliminary Opinion of Probable Construction Cost 90 Percent Design Deliverable • Final Basis of Design Memorandum • Construction Sequencing Plan • Civil Plans Sections and Details • Structural Plan, Sections and Details • Electrical Site, Power Plan, Schematic, Details and One-Line Diagrams • Technical Specifications including process interconnections, electrical, and functional description • Final Opinion of Probable Construction Cost A PDF set of drawings and specifications will be provided to the Owner at approximately 50 and 90 percent completion milestones for review and comment. The Owner will provide comments to the Engineer within ten days of receipt of the drawings and specifications. Five sets of the final drawings and specifications will be provided for the Owner’s use, as well as a PDF copy of the Contract Documents for bidding purposes. Task 203 – Subconsultant Survey Services A topographic surveying will be performed by a qualified land surveyor to confirm existing facilities controls, boundaries, and elevations at the Century Center near the proposed location for the new switchgear and terminal boxes. The survey will also obtain current easements and property lines, site contours and drainage courses; survey control monuments; inverts and locations of gravity storm drains and sanitary sewers; and at grade pavements, fences, walls, etc. Additional surveying services can be provided as a supplemental service. Task 204 – Opinion of Probable Construction Cost The Engineer will prepare an Engineer's Opinion of Probable Construction Cost for the construction of the project. A preliminary Opinion of Probable Construction Cost will be prepared at the Basis of Design Memorandum/50 Percent Design and 90 Percent Design deliverables. Task 205 – Bid Phase Services Owner will place the advertisement of the Invitation to Bid as well as distribute copies of the Bid Documents to prospective Bidders. The Engineer will assist the Owner during the Bid Phase by Page 5 (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. interpreting the construction contract drawings and specifications. Engineer will lead and prepare for a pre-bid meeting at the Owner’s facility as well as prepare a meeting summary for the Owner to distribute. The pre-bid meeting will be attended by the engineering manager. The Engineer will prepare up to three addenda to the Construction Contract Documents for the Owner to distribute, if required. Engineer will attend the bid opening, make bid tabulations, and review questionnaires and bid documents for completeness. The bid opening will be attended by the engineering manager. Engineer will review the Contractor's bonds and insurance only for the purpose of ensuring Engineer’s protections have been included. Engineer will provide a Conformed to Contract (CTC) of the Construction Contract Documents to the Owner in PDF format which will include all front end and bid documents as well as insurance and bonds between the contractor and South Bend. Addenda items and changes to the Construction Contract Documents will not be updated by the Engineer. The Owner will evaluate the bids and prepare the Contractor’s Notice to Proceed. PHASE 3 - CONSTRUCTION PHASE SERVICES Construction phase services will be provided for 24 consecutive months beginning approximately in the first quarter of 2024. Services beyond 24 months can be provided as a supplemental service. Task 301 – Preconstruction Meeting At a date and time selected by the Owner and at a facility provided by the Owner, conduct a preconstruction conference. The Engineer’s engineering manager shall prepare an agenda for the conference, support the Owner at the preconstruction conference and prepare and distribute summary notes. The preconstruction conference will include a discussion of the Contractor's tentative schedules, procedures for transmittal and review of the Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. Task 302 – Construction Administration The Engineer will perform construction administration services during the construction phase of the project. By performing these services, the Engineer shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project, except as provided in the Scope of Services. In addition, Engineer shall not be responsible for the failure of any contractor, subcontractor, vendor, or other project participant to fulfill contractual or other responsibilities to the Owner, except as provided in the Scope of Services. Engineer shall notify Owner of any failure of the Contractor to conform to the Construction Contract Documents and specifications which becomes known to Engineer in performing Engineer's obligations hereunder. The following engineering services will be provided under this task: • Interpret construction contract drawings when requested by the Owner. • Review and comment on the Contractor's initial and updated construction schedule and advise the Owner as to acceptability. Analyze the Contractor's construction schedule, Page 6 (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. activity sequence, and construction procedures as applicable to the Owner's ability to keep existing facilities in operation. • Respond to Requests for Information (RFIs) submitted by the Owner or Contractor. Engineer will provide responses to RFIs from the Contractor within ten business days of receipt. Responses to requests that involve input from the Owner may extend longer than ten business days. Up to 10 RFI reviews are included. Additional responses can be provided as a supplemental service. • Assist the Owner in review of up to five Change Order requests by the Contractor, if required. Engineer will assist in preparing proposal requests to the Contractor for changes in Scope, if required, and will prepare and process Change Orders, if required. Additional Change Order assistance can be provided as a supplemental service. • Claim support is not included. Task 303 – Construction Progress Meetings The full construction period for the project is anticipated to require 24 months however active construction is anticipated to only require 9 months of time. Engineer will attend up to 9 progress meetings, 2 hours each with the Contractor and Owner with each being attended at the site by the engineering manager and 4 attended by teleconference by the lead electrical engineer. Owner or Contractor will preside at the meetings and will be responsible for preparing and distributing meeting summary notes. Task 304 – Shop Drawing and Submittal Review Engineer will review shop drawings and other data submitted by the Contractor as required by the Construction Contract Documents. The Engineer's review shall be for general conformity to the Construction Contract Documents for the project and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. The Scope of Services is based on review of up to 12 submittals or re-submittals. Additional submittal reviews can be provided as a supplemental service. Engineer will also receive and review guarantees, bonds, and certificates of inspection, tests, and approvals which are to be assembled by the Contractor in accordance with the construction Contract Documents and transmit them to the Owner. Review of “Substitutes” requests by the Contractor shall follow the requirements of the General Conditions in the Contract Documents. The Engineer will perform such reviews as a supplemental service and will track the time and expenses separately for payment. Task 305 – Site Visits Engineer will make periodic visits to the construction site when requested by the Owner to observe construction and confer with the Owner or Contractor concerning problems and/or progress of the Work. The Scope is based on three trips and includes half-day site visits for the engineering Page 7 (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. manager to review design-related questions and construction conflict or issue resolution. Additional trips may be provided as a supplemental service. The Engineer shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the Engineer. This service will in no way relieve the Contractor of complete supervision of the Work or the Contractor’s obligation for complete compliance to the Contract Documents. The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Task 306 – Final Inspection Upon substantial completion, Engineer will conduct an inspection of the project site and prepare a punchlist of items to be completed or corrected by the Contractor before final completion of the project. Engineer will submit results of the inspection to the Owner and Contractor. Upon completion or correction of the items of work on the punch list, Engineer will conduct one final inspection to determine if the work is completed and provide written recommendations to the Owner concerning final payment including a list of items, if any, to be completed prior to the making of such payment. Inspections will be conducted by the engineering manager. Task 307 – Revise Construction Contract Drawings Upon completion of the project, Engineer will revise the construction contract drawings to conform to the construction records. Revisions to the construction contract drawings will be provided by the Contractor for editing by the Engineer. An electronic copy in AutoCAD and PDF formats of the conformed-to-construction drawings will be provided to the Owner. 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: c. The responsibilities of Owner are modified as follows: d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: For Professional Services described under Paragraph 2.a. to add additional scope under Tasks 101, 201-205, and 301-307, Owner agrees to pay Engineer in accordance with the Agreement for Professional Services on a Standard Hourly Rate Basis. The total compensation for Amendment 1 shall increase the not to exceed amount by $182,455 and shall not be revised without written authorization. e. The schedule for rendering services is modified as follows: Page 8 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Engineer will provide design, bid and construction phase services over a duration of 30 months from Notice to Proceed. f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: 5. Agreement Summary (Reference only) a. Original Agreement amount:$_65,635___________ b. Net change for prior amendments: $_0_______________ c. This amendment amount:$_182,455_________ d. Adjusted Agreement amount:$_248,090__________ 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 __________________. OWNER: ENGINEER: By: By: Title: Title: Associate Vice President Date Signed: Date Signed: July 11, 2023 City of South Bend, Indiana VPA Venues Electrical and HVAC Improvements - Amendment 1 Black Veatch Level of Effort May 16, 2023 Project Director Sr Project Manager Engineering Manager Sr Project Engineer / Sr Estimator Project Engineer Design Engineer Lead Process Engineer / QC Engineer Sr CAD Technician CAD Technician Finance Project Assistant Total Labor and Expenses $305 $280 $200 $215 $180 $155 $270 $155 $135 $135 $109 HOURS LABOR SUBCONSULTANTS EXPENSES Task 101 - Project Management & Administration 2 48 14 62 126 $ 25,220 $ - $ 249 $ 25,469 Phase 2 - Design and Bid Phase Services Task 201 - Basis of Design Memorandum 1 3 1 2 11 9 16 32 2 77 $ 12,608 $ - $ - $ 12,608 Task 202 - Design and Contract Document Development 7 20 1 11 44 18 60 89 14 264 $ 42,676 $ - $ 800 $ 43,476 Task 203 - Subconsultant Survey Services 2 1 3 $ 760 $ 3,850 $ - $ 4,610 Task 204 – Opinion of Probable Construction Cost 2 2 40 8 52 $ 10,800 $ - $ - $ 10,800 Task 205 – Bid Phase Services 6 14 2 2 20 2 4 4 54 $ 10,070 $ - $ 10 $ 10,080 Phase 3 - Construction Phase Services Task 301 – Preconstruction Meeting 2 8 10 $ 2,160 $ - $ 10 $ 2,170 Task 302 – Construction Administration 8 24 34 66 $ 12,310 $ - $ - $ 12,310 Task 303 – Construction Progress Meetings 23 8 31 $ 5,840 $ - $ 59 $ 5,899 Task 304 – Shop Drawing and Submittal Review 0 0 0 0 0 0 0 0 $ - $ - $ - $ - Task 305 – Site Visits 9 16 25 $ 4,280 $ - $ 20 $ 4,300 Task 306 – Final Inspection 8 8 $ 1,600 $ - $ 20 $ 1,620 Task 307 – Revise Construction Contract Drawings 2 0 2 7 9 20 $ 3,010 $ - $ - $ 3,010 Century Center Option 2 (Tasks 201, 202, 304 and 307)2 7 8 17 86 24 18 49 211 $ 35,955 $ - $ - $ 35,955 Century Center Option 2A (Tasks 201, 202, 304 and 307)2 5 0 0 21 1 17 18 64 $ 10,150 $ - $ - $ 10,150 2 80 140 52 32 250 54 122 201 62 16 1011 $ 177,439 $ 3,850 $ 1,166 $ 182,455 VPA Venues Design, Bid and CPS Services TOTAL DESIGN, BIDDING AND CPS SERVICES WORK TASKS Labor and Expenses 2023-2024 Rates BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 6/26/2023 Name Leslie Biek, PE Department PW BPW Date 7/11/2023 Phone Extension 9323 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name 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 Black and Veatch Corporation New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Century Center Electrical and HVAC Improvements Project Number 122-017 PROJ- 325 Funding Source ARP funding Account No. PR 25896 Amount $182,455 Terms of Contract Purpose/Description Design services for Century Center Electrical Improvements Amendment #1 to PSA For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: