Loading...
HomeMy WebLinkAboutAmendment No 2 to PSA - Design Services for MLK Dream CFenter – Meticulous Design ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE 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 October 24, 2023 Mr. Damon Hewlin METICULOUS Design Architecture, LLC 1828 N. Illinois St. Indianapolis, IN 46202 dhewlin@meticulousda.com RE: Amendment No. 2 to Professional Services Agreement Dear Mr. Hewlin: At its October 24, 2023 meeting, the Board of Public Works approved the above referenced amendment for design services for MLK Dream Center for additional efforts with design adjustments, value engineering, and working with the CMc in the amount of $183,584. 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 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated November 09, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 2 1.Background Data: a.Effective Date of Owner-Engineer Agreement: November 09, 2021 b.Owner:Board of Public Works, City of South Bend, Indiana c. Engineer: METICULOUS Design Architecture, LLC d.Project:South Bend MLK Jr., Community Dream Center 2.Description of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] a.Engineer shall perform or furnish the following Additional Services: 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: e.The schedule for rendering services is modified as follows: f.Other portions of the Agreement (including previous amendments, if any) are modified as follows: [List other Attachments, if any] 5. Agreement Summary (Reference only) a.Original Agreement amount:$_178,000 _(Phase 1)_ b. Net change for prior amendments:$_1,174,500 (Phase 2)____ Page 2 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. c. This amendment amount:$_183,584 (Phase 2 CMc)____ d. Adjusted Agreement amount:$_1,536,284____________ 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 __October 24, 2023________________. OWNER: ENGINEER: By: By: Damon Hewlin Title: Title: Partner Date Signed: Date Signed: October 05, 2023 bat BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Alexandra Dolz-Lane, Member Murray L. Miller, Member Attest: Theresa Heffner, Clerk October 24, 2023 SCOPE / FEE ADJUSTMENT REQUEST (SFAR) September 29, 2023 Patrick Sherman Project Manager City of South Bend 227 W. Jefferson Blvd, Ste 1316 South Bend, IN 46601 Re: METICULOUS Project # - P22-0125 MLK Dream Center Phase 2 Dear Patrick, METICULOUS submits the following Scope / Fee Adjustment Request (SFAR) for addition- al services on the captioned project. Our SFAR is based on the following information: ▪ METICULOUS proposal dated June 15, 2022 (METICULOUS signed and returned the proposal agreement on June 15, 2022). • March 01, 2023 MLK CMc RFP email to engage for CMc process for the project (Attached) • April 10, 2023 Email City of South Bend informed METICULOUS of CMc engagement process. (Attached) Proposals Due to South Bend per instructions. April 25th, 2023 Distribute proposals and individual review. April 25th – April 27th Evaluation Committee meeting to discuss, create initial score, and select 1-3 firms for in-person interviews. April 28th @ 10:00am in BPW conference room. Conduct interviews with short listed firms. Some times have been identified. Still need to determine locations. May 1st and May 2nd Meeting for final scoring and proposal selection by the Evaluation Committee. May 5th, 2023 @8:30am in BPW conference room. • Based on the engagement of a CMc process initiated in early 2023, METICULOUS has incurred additional hours and consultant coordination above and beyond the original agreement to coordinate and work through a value engineering and cost estimating process with Garmong. The additional time and services impact fees are noted in the below section. SCOPE ADJUSTMENT Per this new scope request, the following adjustments will be made to the contract and fee proposal. The following Additional Services to the agreement between City of South Bend and METICULOUS are proposed: DESIGN PHASE – Additional Services: Construction Documentation / Bidding Item 1 ▪ Coordination with City of South Bend for engagement of CMc ▪ CMc RFP, Proposal Reviews, and Interviews / Recommendations ▪ Value Engineering design with City of South Bend and Garmong ▪ Design modifications and Design Review Meetings for Cost estimating and adjustment FEE ADJUSTMENT The overall cost impact our team incurred is higher than the amount being requested. However, the amount requested is for additional services is associated with the incorporation of a CMc which prolonged the duration for the completion of the design and bidding phase. We propose a SFAR for a Lump Sum fee of One Hundred Eighty- Three thousand, Five Hundred Eighty-Four dollars ($183,584). SCHEDULE ADJUSTMENT The work has thus been completed through the delivery of addendums submitted to the Construction Manager. CLOSING STATEMENT METICULOUS looks forward to continuing to provide expert design services to you for this work on this exciting and meaningful project. Please contact us if you have any questions regarding the extent of our services. Sincerely, Damon Hewlin, AIA Partner City of South Bend Department of Administration & Finance Change Order Request Form Multiple PO lines: Project POs: PO Number 17421 Line Number Add new line #2 Original Dollar Amount $0.00 New Dollar Amount (For liquidation request, enter $0)$183,584.00 Reason Code (if changed)No Change: SV-ES Financial Dimensions (fund-dept- division-subdivision-main account)263-04-040-040-443001-ARP031-PROJ00000298 Project Code (if applicable)PROJ00000298 - Project Category 263-443001 Description of change (include budget impact)Amendment for additional design services. 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. PO-17421 - Change Order Request Form 1 of 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 10/19/2023 Name Patrick Sherman Department Public Works BPW Date 10/24/2023 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name 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 METICULOUS Design Architecture, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name MLK Dream Center Project Number PROJ00000298 Funding Source PO-0017421 Account No. 263-04-040-040-443001-ARP031-PROJ00000298 Amount $183,584.00 Terms of Contract EJCDC Amendment Purpose/Description Amendment to contract for design services for the MLK Dream Center for additional effort with design adjustments, value engineering, and working with the CMc on the project. 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: