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Amendment No 2 to OEA - Morris Performing Arts Center Expansion - Ratio 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 November 14, 2023 Mr. William A. Browne Jr. Ratio Design 101 S. Pennsylvania St. Indianapolis, IN 46204 RE: Amendment No. 2 to Owner-Engineer Agreement Dear Mr. Browne: At its November 14, 2023 meeting, the Board of Public Works approved the above- referenced amendment for the additional design fee for owner-requested design changes to the Morris Performing Arts Center Expansion, in the amount of $90,575 and a new adjusted total in the amount of $1,231,525. 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. 21, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. _2____ 1. Background Data: a. Effective Date of Owner-Engineer Agreement: b. Owner: Board of Public Works, City of South Bend, Indiana c. Architect: RATIO Architects, LLC d. Project: Morris Performing Arts Center Expansion, Parking Garage, and Plaza Improvements “Project” 2. Description of Modifications: a. The Scope of Services currently authorized to be performed by the Architect in accordance with the Agreement and previous amendments, if any, is modified as follows: ADDITIONAL PROJECT SCOPE: Item 1: Provide an Alternate Bid to delete the VIP Lounge and adjacent Balcony. Produce additional documents as needed to include enlarging the Second Floor Lobby Space into the VIP Lounge and Balcony Space (the balcony becomes interior space with the exterior wall aligning with the adjacent façade). Item 2: Modify the Documents so that the project can be bid as two Bid Scopes: Bid Scope 1: The Addition, Renovation, Surface Parking Lot and Plaza work only associated with the Addition. Bid Scope 2: Site Improvements for the new designed Plaza and associated work. c. For the Additional Services or the modifications to services set forth above, Owner shall pay Architect the following additional or modified compensation: Final Design Phase Adjusted Amount of: $90,575.00 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. e.The schedule for rendering services is modified as follows: Final Design Phase is now completed. 3.Agreement Summary (Reference only) a. Original Agreement amount (Final Design Phase): $____670,000.00_______ b. Net change for prior amendments:$_(+) 470,950.00______ c. This amendment amount:$_(+) 90,575.00_______ d. Adjusted Agreement amount:$__ 1,231,525.00 _______ 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 _______11/08/2023___________. OWNER: ARCHITECT: By: By: William A. Browne, Jr. FAIA Title: Title: Principal/CEO Date Signed: Date Signed: November 8, 2023 November 14, 2023 October 31, 2023 Patrick Sherman, PMP, DASM Project Manager / Division of Engineering City of South Bend 227 W. Jefferson Blvd., Ste. 1316 South Bend, Indiana 46601 Re: Morris PAC Renovation, Final Design Phase Amendment Dear Patrick, As we have completed our Final Design Phase scope of services, we have the following Amendment to make to our current Project Scope and Fee as previously directed by the City for completing the Final Design Phase. ADDITIONAL PROJECT SCOPE Item 1: Provide an Alternate Bid to delete the VIP Lounge and adjacent Balcony. Produce additional documents as needed to include enlarging the Second Floor Lobby Space into the VIP Lounge and Balcony Space (the balcony becomes interior space with the exterior wall aligning with the adjacent façade). Item 2: Modify the Documents so that the project can be bid as two Bid Scopes: Bid Scope 1: The Addition, Renovation, Surface Parking Lot and Plaza work only associated with the Addition. Bid Scope 2: Site Improvements for the new designed Plaza and associated work. ADDITIONAL FEE AMOUNT Basic Services: Architecture: Design Architect RATIO $ 12,000.00 Executive Architect Shive-Hattery $ 34,000.00 Structural Engineering: Structurepoint $ 5,800.00 MEP Engineering Introba $ 16,000.00 Management RATIO $ 2,000.00 Sub-Total $ 69,800.00 Specialty Services: Interior Design: Interior Designer RATIO $ 3,000.00 Executive Interior Designer Shive-Hattery $ 3,000.00 Furniture. Fixtures & Equipment RATIO $ 1,500.00 Landscape Architecture: Design Landscape Architect RATIO $ 1,000.00 Executive Landscape Architect Troyer $ 5,000.00 Technology Introba $ 2,775.00 Lighting Shakespeare $ 4,500.00 Sub-Total $ 20,775.00 TOTAL $ 90,575.00 Please review this proposal and if all is in order, please issue Amendment No. 2 to our Owner-Engineer Agreement. This proposal is valid for sixty (60) days from the date of issue and upon execution will provide instruction to commence services while the Agreement is finalized. If you have any questions, do not hesitate to contact me directly. All the best, William A. Browne Jr., FAIA, LEED AP Principal / CEO cc: Scott Hunt BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/09/2023 Name Patrick Sherman Department Public Works BPW Date 11/14/2023 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 Ratio Design New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Morris Performing Arts Center Expansion Project Number PROJ00000294 Funding Source Fund 324 Account No. 324-10-102-121-431002--PROJ00000294 Amount $90,575.00 Terms of Contract EJCDC Amendment Purpose/Description Additional design fee for owner requested design changes. 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: