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HomeMy WebLinkAboutAmendment No. 4 to OEA - West Gate Repair Project No. 122-063 – Lawson-Fisher Assoc.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 25, 2023 Mr. Piper C. Tittle, PE Lawson -Fisher Associates P.C. 525 W. Washington Ave. South Bend, IN 46601 ptittleglawson-fisher. com RE: Amendment No. 4 to Owner -Engineer Agreement Dear Mr. Tittle: At its July 25, 2023 meeting, the Board of Public Works approved the above referenced amendment for added construction administration and regulatory agency coordination for West Gate Repair, Project No. 122-063 in the amount of $14,800 with a new adjusted total of $80,700. 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 November 8, 2016. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 4 1. Background Data: a. Effective Date of Owner -Engineer Agreement: November 8, 2016 b. Owner: Board of Public Works, City of South Bend, Indiana C. Engineer: Lawson -Fisher Associates P.C. d. Project: South Bend Dam, West Race Repairs City Project No. 115-115 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: In addition to the contracted Scope of Work for the South Bend Dam, West Race Repairs, LFA will provide the following additional services: 1. Construction Administration and Inspection Services: a. Periodic visits to the project site to verify work is being completed according to the contract documents. b. Responding to contractor questions and/or RFIs. C. Review and processing of pay applications and change orders. d. This does not include full-time, onsite, construction inspection and observation services. 2. Additional Regulatory Agency Coordination a. While permits have been approved from IDEM, Army Corps, and the IDNR, additional coordination will be necessary to amend the permits for a rip rap causeway to aid in access for construction activities. b. Coordination will be required with the FERC to revise the QCIP and TCEAP, based on their review comments, and to submit and gain approval for the contactor's proposed dewatering plan. 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. C. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation utilizing a Direct Labor Costs Times Factor, Plus Reimbursables described below: Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer for the additional services as follows: 1) An amount equal to Engineer's Direct Labor Costs times a factor of 3.1521 for services of Engineer's employees engaged on the Project, plus reimbursable expenses, and Engineer's consultants' charges, if any. 2) The total compensation for services and reimbursable expenses is not to exceed $14,800 without written authorization. 3) Engineer's Standard Hourly Rate rates are attached as revised Appendix 1. d. Other portions of the Agreement (including previous amendments, if any) are modified as follows: Attachment 1 (revised) 3. Agreement Summary (Reference only) a. Original Agreement amount: $ 19,600.00 b. Net change for prior amendments: $ 46,300.00 C. This amendment amount: $ 14,800.00 d. Adjusted Agreement amount: $ 80,700.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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 July 25, 2023 OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS taL(4 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President ENGINEER: Lawson -Fisher Associates P.C. By: L Piper C. Tittle, PE Title: Vice President / Water Resources Director Gary A. Gilot, Member Jordan V. Gathers, Member Date Signed: July 6, 2023 Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: July 25, 2023 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. L FAVAVA SCHEDULE OF RATES LAWSON-FISHER ASSOCIATES P.C. JANUARY 1 THRU DECEMBER 31, 2023 CLASSIFICATION HOURLY RATE Principal $345.00 - $378.00 Engineer 5 $318.00 - $351.00 Engineer 4 $225.00 - $245.00 Engineer 3 $208.00 - $218.00 Engineer 2 $157.00 - $182.00 Engineer 1 $121.00 - $145.00 Engineering Intern 2 $112.00 - $122.00 Engineering Intern 1 $104.00 - $114.00 Engineering Assistant $ 90.00 - $100.00 Environmental Document Specialist $ 90.00 - $100.00 Intern $ 70.00 - $ 80.00 Student Intern $ 65.00 - $ 80.00 Construction Project Representative $163.00 - $183.00 Technician 4 $159.00 - $174.00 Technician 3 $127.00 - $137.00 Technician 2 $110.00 - $120.00 Technician 1 $ 80.00 - $ 90.00 Professional Land Surveyor 3 $215.00 - $235.00 Professional Land Surveyor 2 $150.00 - $172.00 Professional Land Surveyor 1 $115.00 - $130.00 Project Surveyor (Non -Licensed) $105.00 - $115.00 Suveyor T-2 $145.00 - $155.00 Surveyor T-1 $ 65.00 - $ 75.00 GIS $125.00 - $135.00 Clerical 2 $137.00 - $150.00 Clerical 1 $ 75.00 - $ 86.50 Lawson -Fisher Associates P.C. 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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 8, 2022 Mr. Piper C. Tittle, PE Lawson -Fisher Associates P.C. 525 W. Washington Ave. South Bend, IN 46601 m uguzik&lawson-fisher.com RE: Amendment No. 3 to Professional Services Agreement Dear Mr. Tittle: At its November 8, 2022 meeting, the Board of Public Works approved the above referenced amendment for Updated Plans and Specs for Repairs to West Gate at Century Center in the amount of $15,200 with a new adjusted total amount of $65,900. 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 November 8, 2016. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 3 1. Background Data: a. Effective Date of Owner -Engineer Agreement: November 8, 2016 b. Owner: Board of Public Works, City of South Bend, Indiana C. Engineer: Lawson -Fisher Associates P.C. d. Project: South Bend Dam, West Race Repairs City Project No. 115-115 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: In addition to the contracted Scope of Work for the South Bend Dam, West Race Repairs, LFA will provide the following additional services: 1. Design Calculations Update: a. Update plans and structural calculations to ensure consistency based on current codes and standards. Updates to factors of safety calculations. 2. Final Design Development Bid Documents a. Revise and update Bidding Documents with latest City of South Bend front-end specifications, along with specification updates with latest codes and standards. 3. Final Design Development Bid Documents a. Anticipated additional regulatory agency coordination (FERC, IDEM, IDNR) due to the time elapsed since initial submissions and the FERC's necessary review of the final QCIP, TCEAP, and Contractor's dewatering plan 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. 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 utilizing a Direct Labor Costs Times Factor, Plus Reimbursables described below: e. f. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer for the additional services as follows: 1) An amount equal to Engineer's Direct Labor Costs times a factor of 3.1521 for services of Engineer's employees engaged on the Project, plus reimbursable expenses, and Engineer's consultants' charges, if any. 2) The total compensation for services and reimbursable expenses is not to exceed $15,200 without written authorization. 3) Engineer's Standard Hourly Rate rates are attached as revised Appendix 1. The schedule for rendering services is modified as follows: Project schedule shall be revised as follows: • Revised Bid Documents 60 days after NTP • Project Ready for Bid 14 days after receipt of permits Other portions of the Agreement (including previous amendments, if any) are modified as follows: Attachment 1 (revised) 5. Agreement Summary (Reference only) a. Original Agreement amount: $ 19,600.00 b. Net change for prior amendments: $ 31,100.00 C. This amendment amount: $ 15,200.00 d. Adjusted Agreement amount: $ 65,900.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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 November 8, 2022 OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS tatLa Elizabeth A. Maradik, President Q5' � cf'tc%_-* Gary A. Gilot, Member pg_" .c 7-­*� Murray L. Miller, Member Joseph R. Molnar, Vice President Jordan V. Gathers, Member ��V_ Attest: Theresa M. Heffner, Clerk Date: November 8, 2022 ENGINEER: Lawson -Fisher Associates P.C. By: � Piper C. Tittle, PE Title: Vice President I Water Resources Director Date Signed: October 31, 2022 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. 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS November 8, 2016 Piper Tuttle Lawson -Fisher Associates 525 W Washington Avenue South Bend, IN 46601 PHONE 574/235-9251 FAX 574/235-9171 RE: Professional Services Agreement — Inspect Existing Conditions and Prepare Construction Drawings for the Repair of the Radial Gate and the Stoplogs at the West Race of the South Bend Dam Dear Mr. Tuttle: The Board of Public Works, at its meeting held on November 8, 2016, approved the above referenced agreement in the amount not to exceed $19,600. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, r' Linda M. Martin, Clerk Enclosure c: Rich Estes, Engineering Corbitt Kerr, Engineering Eric Horvath, Public Works GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU LFA Proposal 9027,00 EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of November 8, 2016 ("Effective Date") between Board of Public Works, City of South Bend Indiana ("Owner") and Lawson -Fisher Associates P.C., 525 West Washington Avenue South Bend Indiana 46601 ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are apart, is generally identified as follows: Proiect No. 115-115: South Bend Dam West Race Repairs ("Project"). Engineer's Services under this Agreement are generally identified as follows: Prepare Construction Documents for the repair of the West Race Intake Structure and the Culvert Stoplogs Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Project Schedule is located in Appendix 2. C. If the Project includes construction -related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding N/A months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. Page I EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within M 35 days of receipt , payment Engineer for sen4ces dexpenses­Apvi'' after reeeipt of Engineer's inveiee, then the afrlourAs due Engifleer Ail! be inefeased at the rate e n per +even+ y.. ..mitt„d by law, if less) from said ♦Lulea_ d__'e In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non -disputed claims against Engineer for any such suspension. Payments ill be eredited firstto a then1 r .r 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either parry upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.0I.A.l.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.0I I.A. La if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B. The terminating party under Paragraph 3.0I.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 National Society of Professional Engineers for EJCDC. All rights reserved C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non -disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC All rights reserved and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. Page 4 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 agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment —Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class for all services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for services and reimbursable expenses is not to exceed $19,600. 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Appendix 2, Engineer's Detailed Scope of Work, and Man-hour Justification. Page 5 EJCDC E-,500 Agreement Between Owner and Engineer for Professional Services Copyright © Z008 National Society of Professional Engineers for EJCDC. All rights reserved IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner Engineer: City of South Bend, Indiana Board of Public Works ��( Lawson-Fis Associates P.C. By: I `y� `1 . � r�i By: Title: Gary A. Gilot,-President Title:Pipe/ C. Tittle, P.E., Vice President By: Title: tElimabeffiA.. itzberg e er By: Title: Maradik, Member M Title: James A. Mueller, Member By: � Lee — Title: There J. D ra , ember Attest: Title: lij da Martin, Clerk Date: lilt) S,1 // %' Date: October 19, 2016 Engineer License or Finn's Certificate No. 19700091 State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 525 West Washington Avenue South Bend, Indiana 46601 South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Patrick Corbitt Kerr, Ph.D., P.E Title: City Engineer Phone Number: (574) 235-5931 Facsimile Number: (574) 235-9171 E-Mail Address: pckerrnsouthbendin.eov Designated Representative (Paragraph 8.03.A): _��L".� Title: Sky K. Medors, P.E., Senior Civil Engineer Phone Number: (574) 234-3167 Facsimile Number: (574) 236-1330 E-Mail Address: smedorsna Lawson-fisher.com EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright ©2008 Nafional Society of Professional Engineers for EJCDC All rights reserved EJCDC = ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated _November 8. 2016. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 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. 2. The Standard Hourly Rates apply only as specified in Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: Principal Engineer 4 Engineer 3 Engineer 2 Engineer 1 Engineering Intern Student Intern Construction Inspector 3 Construction Inspector 2 Technician 2 Technician I/Surveyor Clerical 2 Clerical 1 $220.00 - $266.00/hour $166. 00 - $208.501hour $134.50-$143.50/hour $121.50 - $129.00/hour $99.00 - $118.00/hour $85.00 - $91.50/hour $52.00 - $57 00/hour $140.00 - $150.00/hour $118.00-$124.00/hour $120.00 - $135.50/hour $83.50 - $104.50/hour $108.00-$125.50/hour $64.50 - $70.00/hour Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Pane 1 APPENDIX 2 SCOPE OF WORK Project Understanding In August 2015, a failure of several stoplogs at the intake to two, previously unknown culverts was identified at the Cascades at the South Bend Century Center. This failure allowed water to flow through the culverts instead of over the cascades. Flow through the culverts dislodged several precast sections at the north end of the Cascades. An attempt was made to reduce flow to the West Race by shutting the center gate at the intake structure. Due to debris blockage, the gate could not be lowered. An emergency project to conduct temporary repairs was initiated by the City. This included the repair of the failed area of the stoplogs, the removal of debris blocking the lowering of the radial gate, and the repositioning of the precast concrete sections onto the Cascades. Given the Century Center's event schedule, there was limited time available to make the noted repairs. The City desires to construct a more permanent repair to (1) block flow at the entrance to the culvert under the Cascades and (2) address the deterioration of the radial gate and intake for flow to the Cascades. The following components comprise LFA's Scope of Work for the West Race Repair Project: A. West Race Intake Structure: LFA will review existing information and perform an inspection on the visible portions of the radial gate located in the middle bay of the West Race intake structure. In order to properly ascertain the condition of the existing radial gate, an underwater inspection will be required and the gate will need to be closed. We propose to use Grainger Underwater Services to perform the dive inspection. It is assumed for this proposal that the City will be responsible for closing and opening the radial gate for the underwater inspection. 2. LFA will prepare Schematic drawings for the repair of the middle bay where the radial gate is located at the West Race intake. The repair will be proposed after having evaluated various options ranging from repairing or replacing the existing gate to constructing a new hydraulic control at the West Race intake. 3. After City approval of the Schematic Drawings, LFA will prepare construction drawings and specifications for the repair of the radial gate. The plans and specifications will be provided to the City in PDF format. B. Culvert Stoplog Repair 1. LFA will review existing information and perform a visible inspection of the stoplog area at the intake to the two culverts under the Cascades. Appendix 2, Scope of Work EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright CO2009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 1 2. LFA will prepare Schematic drawings for the repair of the stoplogs. The repair will be proposed after having evaluated various options. 3. After City approval of the Schematic Drawings, LFA will prepare construction drawings and specifications for the repair of the stoplogs. It is assumed that field survey data will not be required and the existing plans will provide the necessary data for preparing the plans and specifications for the repair. The plans and specifications will be provided to the City in PDF format. Schedule This project can be completed within sixty (60) days following the Notice to Proceed. Appendix 2, Scope of Work EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/14/2023 Name Zach Hurst Department DPW BPW Date 07/25/2023 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Lawson -Fisher Associates ❑ Yes ❑ If Yes, Approved by Purchasing ❑ Title Sheet ® No ❑ MBE Completed E-Verify Form Attached ❑ Yes No West Gate Repair 122-063 Storm Sewer Fund PR-00026331 Amount $14,800; Revised agreement amount: $80,700 Terms of Contract Lump Sum, per task Purpose/Description Amendment No. 4 to original agreement dated 11/8/2016 coveringadded dded Construction Administration and Regulatory Agency Coordination to contract For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: Increase Decrease Increase Decrease New Completion Date: