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HomeMy WebLinkAboutAmendment No 3 to PSA - Seitz Park Wall Proj No. 121-079 – American Structurepoint, Inc. 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. Thomas McNicholas American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 tmcnicholas@structurepoint.com RE: Amendment No. 3 to Professional Services Agreement Dear Mr. McNicholas: At its November 14, 2023 meeting, the Board of Public Works approved the above referenced amendment for additional design services for Seitz Park Retaining Wall, Project No. 121-079 in an amount not to exceed $48,900 and a new adjusted total amount of $167,400. 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   2021.02999 October 17, 2023 Ms. Kara Boyles, Ph.D., PE City Engineer City of South Bend 227 West Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 RE: Seitz Park Retaining Wall Project No. 121-079 Amendment #3 Dear Ms. Boyles, For your consideration, American Structurepoint, Inc. is requesting supplemental fee for additional services to be performed under our agreement for the referenced project. Enclosed is a man-hour justification for the additional items for your review. Our proposed maximum not-to-exceed supplemental fee request is $48,900. American Structurepoint is designing a rehabilitation for the South Bend Dam East Abutment. The scope of work for the rehabilitation design was outlined in Amendment #2. Out of scope work has occurred to keep the project moving without delay. The project will require additional scope of services to complete per the current rehabilitation plans and specifications. Professional Engineering Services Out of Scope Work to Date  We were instructed to create the deliverable documents to be advertised for bid. These documents then were changed to be an amendment to the Seitz Park project.  The specifications were prepared as a separate document and not on the plans. The specifications were modified to be compatible with the Seitz Park project.  Cost estimates were prepared for preliminary plans and final plans. DocuSign Envelope ID: 04B69E2E-25A4-4B92-9F70-91C69F1F59D3 Ms. Kara Boyles October 17, 2023 Page 2 2021.02999  Attended progress meetings for the Seitz Park projectMeetings with the City of South Bend, Lochmueller Group, and Ziolkowski Construction to discuss project construction cost estimate from Ziolkowski Construction  Value engineering to reduce the cost of the project. Revision 1 and 2 of the plans and specifications because of the value engineering  Meeting with Ziolkowski Construction and Lochmueller Group to update the joint repairs  Responded to Ziolkowski’s questions during bidding and through the beginning of construction  Site visits to inspect the backside of the abutment wall  Weekly construction progress reports to the Federal Energy Regulatory Commission (FERC)  Shop Drawing Reviews The scope of services proposed include:  Attend two (2) additional progress meetings with the City of South Bend, Lochmueller Group, and the Contractor during construction  Respond to contractor questions during construction  Three (3) site visits to inspect the condition of the existing wall during construction o Identify the appropriate joint/crack repair method for each joint/crack  Review the stability analysis calculations if the profile of the wall is different than assumed during design  Weekly progress reports to the FERC  Final construction report for the FERC The proposed scope of services does not include:  Redesign of wall stability  Non-destructive testing (NDT)  Obtaining new waterway permits  Construction Inspection  Creation of documents for the FERC other than those specifically identified in amendment #2  Survey  Geotechnical Engineering DocuSign Envelope ID: 04B69E2E-25A4-4B92-9F70-91C69F1F59D3 Ms. Kara Boyles October 17, 2023 Page 3 2021.02999 We appreciate your consideration and look forward to successful completion of this project. Please contact me with any questions at (574) 287-2231. Very truly yours, American Structurepoint, Inc. Troy D. Jessop, PE Thomas J. McNicholas, PE Bridge Group Leader Bridge Group – Project Manager TJM:aml cc: Rebecca Maenhout, City of South Bend Cash Canfield, PE, American Structurepoint, Inc. Ryan Cummins, PE, American Structurepoint, Inc. Enclosures DocuSign Envelope ID: 04B69E2E-25A4-4B92-9F70-91C69F1F59D3 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. 2021.02999 This is EXHIBIT K, consisting of two pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated November 23rd, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. __3___ 1. Background Data: a. Effective Date of Owner-Engineer Agreement: November 23, 2021 b. Owner: Board of Public Works, City of South Bend, Indiana c. Engineer: American Structurepoint, Inc. d. Project: Seitz Park Retaining Wall Study & Design – Project No. 121-079 2. Description of Modifications: a. Engineer shall perform or furnish the Additional Services described in the attached Proposal Letter dated October 17, 2023. b. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: $48,900. 3. Agreement Summary (Reference only) a. Original Agreement amount: $__33,400__________ b. Net change for prior amendments: $__85,100 c. This amendment amount: $__48,900 d. Adjusted Agreement amount: $__167,400 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. DocuSign Envelope ID: 04B69E2E-25A4-4B92-9F70-91C69F1F59D3 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. 2021.02999 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 the last date signed below. OWNER: ENGINEER: BOARD OF PUBLIC WORKS AMERICAN STRUCTUREPOINT, INC. CITY OF SOUTH BEND, INDIANA ______________________________________________ ____________________________ ____________________________ Elizabeth A. Maradik, President Joseph R. Molnar, Vice President By: ____________________________ ____________________________ ____________________________ Gary A. Gilot, Member Jordan V. Gathers, Member Title: ____________________________ ____________________________ ____________________________ Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date Signed:_________________________ Date: _______________________ DocuSign Envelope ID: 04B69E2E-25A4-4B92-9F70-91C69F1F59D3 10/24/2023 Thomas McNicholas Project Manager, Bridge Group November 14, 2023 AMERICAN STRUCTUREPOINT, INC. MANHOUR JUSTIFICATION - FINAL DESIGN PHASE PROJECT: Seitz Park Retaining Wall Study & Design Scope of Work: South Bend Dam East Abutment Rehabilitation - Amendment #3 10/17/2023 ESTIMATED TIME WORK CLASSIFICATION TOTAL Out of Scope Work Preparation of Bid Documents 8 8 12 12 Specifications 8 8 4 Cost Estimates 4 8 4 Value Engineering 16 12 20 8 Seitz Park Meetings 4 Contractor Bid Meetings 8 4 4 Weekly Reports to FERC 4 Wall Inspections during Construction 8 8 Shop Drawing Reviews 4 8 Respond to Contr Questions 8 8 Proposed Scope of Work Construction Progress Meetings 4 Respond to Contr Questions 2 4 Inspection of Wall during Construction 6 6 Review Stability Analysis 4 8 Weekly Reports to FERC 8 Final Construction Report to FERC 4 8 TOTAL HOURS 100 40 94 0 20 Hourly Rates 250.00$        155.00$        165.00$        210.00$       105.00$      SALARY COST 25,000.00$  6,200.00$     15,510.00$   ‐$              2,100.00$  48,810.00$    DIRECT COSTS $0.00 TOTAL FEE 48,900.00$ Direct Costs Unit Cost Quantity Cost Mileage 0.39$ 0 $0.00 Meals 15.00$ 0 $0.00 Sub-Consultant $0.00 Total $0.00 Project Manager Project Engineer Designer Senior Designer Technician DocuSign Envelope ID: 04B69E2E-25A4-4B92-9F70-91C69F1F59D3 AMERICAN STRUCTUREPOINT INC 9025 RIVER ROAD, SUITE 200 INDIANAPOLIS, IN 46240 USA City of South Bend Purchase Order PO-0013274PO number: Date: Vendor account: Project number: 2/15/2023 V-00000107 Vendor:Engineering Division 227 West Jefferson Blvd, Suite 1300 N South Bend, IN 46601 USA Ship to: Notice and Instructions to Vendor: 1. This Purchase Order is governed by the City of South Bend Standard Purchasing Terms and Conditions, which are set forth at http://www.southbendin.gov/potc and incorporated herein by reference. 2. The City's Indiana sales tax exemption number is 0003122131-001. 3. The City's federal identification number is 35-6001201. 4. All payment and performance obligations of the City are subject to the appropriation and availability of funds. 5. If a cash discount is available, please indicate the applicable discount terms on each invoice. 6. All shipments must include an itemized packing slip detailing the items shipped. 7. The PO number stated above must appear on all invoices, claims, packages, packing slips, and correspondence. 8. For most efficient processing, please submit invoices in PDF or other electronic format by email to accountspayable@southbendin.gov. PO version:3 Line number Quantity Unit Description Unit price Amount 1 33,400.00 EA Seitz Park Retaining Wall Study & Design 1.00 33,400.00 2 10,000.00 EA Amendment #1 1.00 10,000.00 3 75,100.00 EA Amendment #2 1.00 75,100.00 Charges:$0.00 Total in USD:$118,500.00 Mickey Lovy, Director of Purchasing Phone: (574) 235-9977 Email: mlovy@southbendin.gov City of South Bend Department of Administration & Finance Change Order Request Form Multiple PO lines: Project POs: PO Number 13274 Line Number Add line #4 Original Dollar Amount $0.00 New Dollar Amount (For liquidation request, enter $0)$48,900.00 Reason Code (if changed)SV-ES Financial Dimensions (fund-dept- division-subdivision-main account)667-06-605-517-431000-- Project Code (if applicable)N/A Description of change (include budget impact)Additional design services for river wall repair at Seitz Park 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. PO13274 - Change Order Request Form 1 of 3 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 American Structurepoint Inc. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Seitz Park Wall Repair Project Number N/A Funding Source PO-0013274 Account No. 667-06-605-517-431000-- Amount $48,900.00 Terms of Contract EJCDC Amendment Purpose/Description Amendment to contract for additional design services for the wall repair at Seitz Park. 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: