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HomeMy WebLinkAboutAmendment No 1 to OEA - Byer's Softball Proj No. 123-072 – DLZ Indiana, LLC ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 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 February 27, 2024 Ms. Sara Huss, PLA, CPESC DLZ Indiana, LLC 2211 E. Jefferson Blvd. South Bend, IN 46615 shuss@dlz.com RE: Amendment No. 1 to Owner-Engineer Agreement Dear Ms. Huss: At its February 27, 2024 meeting, the Board of Public Works approved the above referenced amendment for design services for the renovations at Byer’s Softball Complex, Project No. 123-072 in the amount of $288,850 with a new adjusted total of $353,850. 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) This is EXHIBIT K, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated November 14, 2023. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. __1__ 1. Background Data: a. Effective Date of Owner-Engineer Agreement: November 14, 2023 b. Owner: Board of Public Works, City of South Bend, Indiana c. Engineer: DLZ Indiana, LLC d. Project: Byers Softball Complex Improvements 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: 1) The City desires to move forward with Phase 1 design and construction of the project as defined in the Master Plan, dated 11/28/2023 and shown in Exhibit 1. The Phase 1 project identifies an opinion of probable construction cost of $2,450,431 for the base bid with two alternate bid items totaling $858,092 for a total probable construction cost of $3,308,523. General scope items are as follows: a) Improvements to west entrance including entry plaza, entry signage, lighting and landscaping. b) Upgrades to existing pressbox building including concession area, exterior improvements such as stair modifications, masonry repair, and new drinking fountains, and limited mechanical and electrical items on the 2nd floor. c) Existing field upgrades including regrading and storm drainage, select areas of fence and pavement replacement, flagpole and shade structures. d) Alternate 1: Mill and overlay of west parking lot. e) Alternate 2: Spray Pad and associated utility and parking improvements. 2) Work will include development of design and construction documents and corresponding opinion of probable costs, geotechnical investigation and survey as further defined below as well as Project Management. It was noted the City will provide bid phase services, and construction administration and inspection in house. 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: 1) Revise A1.04, D as follows: Submit Opinion of Probable Cost at conceptual planning phase and at each Design Phase submittal. February 16, 2024 14 November 14, 2023 Page 2 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) 2) Add Scope of Services items A1.06 through A1.12 as follows: A1.06 Topographic and Boundary Survey A. Provide approximately 32 acres of topographic mapping within the limits indicated in Exhibit 2 within the parcel limits of Byers Softball Complex (including contiguous ‘St. Clair Park’). 1. Establish horizontal and vertical control throughout the project limits. Horizontal control will be based on the Indiana Coordinate System of 1983, East zone (NAD83). Vertical control will be based on the North American Vertical Datum of 1988 (NAVD88). 2. The mapping will include features such as fences, lights, buildings, sidewalks, outline of landscape areas, outline of wooded areas, isolated trees over 6” in diameter, etc. 3. Locate and provide rim elevations for castings (manholes, catch basins and curb inlets) within the project limits, including those just beyond the curb line. 4. Detail sanitary and storm structures to determine invert elevations, flow direction, type and size of pipes. 5. Known subsurface utilities will be depicted based on the field survey of surface markings provided by Indiana Underground Plant Protection Service. 6. Create topographic base map from the survey data. 7. Right of way/property lines based on available field investigation and recorded subdivision plats, apparent right of way will be shown for any areas lying outside of a subdivision. Lot lines will be depicted per the recorded subdivision plats or GIS information. B. Boundary survey will be performed in accordance with the minimum standard requirements for retracement surveys per 865 IAC 1-12. A Plat of Survey will be prepared at a suitable scale and will be signed and stamped by an Indiana Professional Land Surveyor. Unless already monumented, the corners of the parcel will be staked with 5/8” rebar with plastic identification caps, or other suitable material. Easements of record may be shown, if provided. A1.07 Subsurface Utility Locates (Allowance) A. DLZ will subcontract with a Utility locating firm to provide surface markings in accordance with Quality Level B as defined by CI/ASCE 38-02 “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data” attached hereto. The surface markings will be surveyed and incorporated into the overall base map. Specific areas of need will be coordinated with Owner prior to execution of services. Page 3 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) A1.08 Geotechnical Engineering Exploration A. The geotechnical scope of work will include the following: 1. The test locations will be marked/staked. 2. Indiana 811 – the state one call center will be notified to mark all existing utilities within the public areas. 3. The Geotechnical Engineer will explore the subsurface soil and groundwater conditions at the proposed site by drilling a total of six (6) soil borings. Five (5) will be drilled to a depth of 10 ft below the existing grade and one (1) will be drilled to a depth of 20 ft below the existing grade for a total drilling of up to 70 linear feet. 4. Split-spoon samples will be obtained at two and on-half (2.5) feet to five (5) feet intervals for laboratory analysis. Standard Penetration Tests (SPT) values will be recorded for each split spoon sample. Groundwater observations will be made during and immediately after completion of the drilling. 5. Infiltration test 6. The boreholes will be backfilled with auger cuttings mixed with bentonite chips after the drill operations. Excess auger cuttings (if any) will be spread at the site away from pedestrian traffic. 7. The exploration will include laboratory testing on representative soil samples to determine its classification and understand strength, compressibility and other engineering characteristics. 8. The results of the field exploration and laboratory tests will be utilized in the engineering analyses in formulation of recommendations and will be presented in a written report signed by a registered professional engineer. A1.09 60% Design Phase A. The 60% Design Phase scope of work will include the following: 1. Conduct project kickoff meeting with Owner if requested. 2. Prepare 60% Design Phase documents consisting of final design criteria, preliminary drawings, preliminary specifications, and written descriptions of the Project including: a. Prepare 60% Plan Drawings including the following: b. Existing Conditions c. Clearing and Removals Plans d. Geometrics Plans Page 4 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) e. Grading and Drainage Plans f. Utility Plans g. Aquatics Plans h. Landscape Plans i. Electrical Plans j. Architectural Plans (Existing building renovation only) and limited electrical and mechanical plans. k. Details 3. Deliverable - Furnish (1) electronic review copy of the 60% Design Phase documents to Owner. a. Submittal will include the following deliverables. 1) 60% Design Plans 2) Specification list and relevant product selection data 3) Opinion of Probable Costs B. Engineer’s services under the 60% Design Phase will be considered complete on the date when the 60% Design Plans, Specifications/Product Data, and Opinion of Probable Construction Cost have been delivered to Owner. A1.10 90% Design Phase A. After acceptance by Owner of the 60% Design Plans, Preliminary Specifications, and Opinion of Probable Construction Cost as determined in the 60% Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Further develop the Plan Drawings listed in the 60% Design Phase to a 90% level of completion. 2. Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. 3. Deliverable - Furnish (1) electronic review copy of the 90% Design Phase documents to Owner. a. Submittal will include the following deliverables. 1) 90% Design Plans 2) Preliminary Specifications 3) Opinion of Probable Costs Page 5 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) B. Engineer’s services under the 90% Design Phase will be considered complete on the date when the 90% Design Plans, Preliminary Specifications, and Opinion of Probable Construction Cost have been delivered to Owner. A1.11 Final Design Phase A. After acceptance by Owner of the 90% Design Plans, Preliminary Specifications, and Opinion of Probable Construction Cost as determined in the 90% Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare Final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. 3. Advise Owner of any adjustments to the Opinion of Probable Construction Cost known to Engineer. 4. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G, instructions for revisions. 5. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit (1) electronic final copies of the bidding documents, a revised Opinion of Probable Construction Cost, and any other deliverables to Owner after receipt of Owner’s comments and instructions. B. Engineer’s services under the Final Design Phase will be considered complete on the date when the Final Plans, Final Specifications, and Final Opinion of Probable Construction Cost have been delivered to Owner. C. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is (1). If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.12 Permitting A. DLZ shall prepare and submit the documentation to apply for permit coverage under the Construction Stormwater General Permit (CSGP). The scope shall include the following: Page 6 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) 1. Prepare a Storm Water Pollution Prevention Plan Report document to include the following: a. Using existing and available GIS information, show vicinity map, legal description of project site, hydrologic 14-digit unit code, location of all wetlands, lakes and water courses in vicinity of project. Identify existing vegetation, drainage patterns, adjacent land use, potential discharges to groundwater, and ultimate receiving waters on the project site. b. Provide maps showing the Floodplains, Floodways, and Floodway Fringes, if applicable. Note any State or Federal water quality permits (ie. DNR, Army Corps, etc.) required. c. Determine soil types within the project area using the NRCS soil map – no actual soil samples will be performed. d. Calculate Pre-Construction and Post Construction Estimate of Peak Discharge. e. Develop sequence describing storm water quality measure implementation relative to land disturbing activities. f. Document elements of this SWPPP where applicable within the Report, including but not limited to, sediment control, runoff control, inlet protection, pollutant sources, BMP implementation, and temporary and final stabilization methods. 2. Prepare Storm Water Pollution Prevention Plan (SWPPP). a. Base drawings should indicate the following: 1) Plat or Survey of existing project site. 2) Location and approximate boundaries of all disturbed areas with construction limits clearly shown. 3) Location of all lots and proposed site improvements. 4) Existing site topography at an interval appropriate to show detailed drainage patterns. 5) Proposed final site topography at an interval appropriate to show detailed drainage patterns. 6) Location, size and dimensions of proposed storm water system. 7) Pre-Construction and Post Construction Infiltration Rates. 8) Location, size and dimensions of proposed Best Management Practices (BMPs). 9) Location of all environmentally sensitive areas on the site (ie. wetlands) 10) Specific points where stormwater will leave the site. b. The SWPPP will show the location, dimensions, and construction details for all erosion control measures required, including but not limited to, temporary and permanent erosion control measures, water quality measures, perimeter control and stable construction Page 7 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) entrances. It will also delineate the disturbed and preserved areas and proposed locations of soil stockpiles and borrow areas and other staging elements, as required. 3. Submit Report and SWPPP to the local reviewing agency for 30-day review period. Monitor the approval process and provide customary additional information that may be required to secure permit coverage. 4. Prepare and publish Public Notice. 5. Complete draft application via the IDEM Regulatory ePortal, including upload of proof of publication and local review agency approval forms. Provide completed State Form 56679 Construction Stormwater Signed Certification for Owner signature. 6. Submit final application to IDEM Regulatory ePortal along with $175 IDEM permit fee. Submit State Form 56679 via mail no later than 48 hours prior to start of construction. IDEM will provide Notice of Sufficiency directly to Owner documenting approved permit number. 7. If requested, assist with submission of Notice of Termination form via the IDEM Regulatory ePortal at completion of construction. B. DLZ shall prepare and submit the documentation to apply for permit under the Indiana Department of Homeland Security Division of Fire and Building Safety. The scope shall include completion and submission of the Swimming Pool Application State Form 43038 and required supporting documentation. Monitor approval process and provide any requested typical additional information that may be required to secure permit. C. If required, DLZ will prepare and submit documents for City of South Bend’s Site Plan Review process. 1. Improvement Location Permits and other construction phase permitting are not included and shall be completed by successful bidder via the Building Department. c. The schedule for rendering services is modified as follows: Add to end of A1.05 Schedule: Design and Construction Documents a) Topographic and Boundary Survey (including locates) to be completed within 90 days of notice to proceed. b) Geotechnical Engineering Exploration to be completed within 90 days of notice to proceed. c) 60% Design Phase to be completed within 60 days of survey completion. d) 90% Design Phase to be completed within 60 days of Owner approval of 60% Design deliverable. e) Final Design Phase to be completed within 30 days of Owner approval of 90% Design deliverable. Page 8 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) d. Other portions of the Agreement (including previous amendments, if any) are modified as follows: Revise Article 2, C2.01, A, 1. As follows: 1. Unless otherwise noted, the Owner shall pay the Engineer on a Lump Sum basis, an amount of $353,850.00 based on the following estimated distribution of compensation: Item Description Amount Type A1.01 Project Management $17,800.00 Lump Sum A1.02 Site Assessment $10,500.00 Lump Sum A1.03 Conceptual Planning $42,300.00 Lump Sum A1.04 Opinion of Probable Cost $8,900.00 Lump Sum A1.06 Topographic and Boundary Survey $47,100.00 Lump Sum A1.07 Subsurface Utility Locates $20,000.00 Allowance A1.08 Geotechnical Engineering Exploration $9,500.00 Lump Sum A1.09 60% Design Phase $91,300.00 Lump Sum A1.10 90% Design Phase $75,700.00 Lump Sum A1.11 Final Design Phase $18,700.00 Lump Sum A1.12 Permitting $12,050.00 Lump Sum Total, Not To Exceed $353,850.00 Revise Appendix 1 to Exhibit C in its entirety as follows: Standard Hourly Rates Schedule A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 to this Exhibit C 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 Article 2, C2.01. Page 9 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) B. Schedule: Hourly rates for services performed on or after the date of the Agreement are: Employee Classification Hourly Rate Officer / Principal Architect $295.00 Division Manager/Director $275.00 Department Manager $250.00 Registered Land Surveyor/Survey Coordinator/Right of Way Coordinator $165.00 Senior Project Manager / Project Manager II $240.00 Project Manager I / Group Manager $230.00 Engineer VI/Architect VI/Landscape Arch. VI/ Planner VI/ Scientist VI/Surveyor VI $235.00 Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Surveyor V $230.00 Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Surveyor IV $220.00 Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Surveyor III $195.00 Engineer II/Architect Associate II/Landscape Architect II/Planner II/Scientist II/Surveyor II $165.00 Engineer I/Architect Associate I/Landscape Architect I/Planner I/Scientist I/Surveyor I $125.00 Designer I $122.50 Designer II $132.50 Designer III / Utility Coordinator $185.00 Technician $95.00 Technician IV $125.00 Right of Way Agent II $105.00 Construction Observer Manager /Administrator $175.00 Construction Observer $132.50 Clerical $77.50 Office Services Coordinator $117.50 Intern / Apprentice $77.50 Crew Classification Hourly Rate 142/99 2 - person Topographic Survey Crew $282.50 142/99 2 – person Topographic Survey Crew (overtime) $350.00 336/127 1 – person Field Crew / Party Chief $170.00 336/127 1 – person Field Crew / Party Chief (overtime) $235.00 GPS/339 1 – person GPS/RTK Field Crew $235.00 SCAN HDS Laser / UAS Scanning Crew $340.00 13/94 Rodman/ Survey Technician / Survey-Mapping Assistant $117.50 Page 10 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) Reimbursable Expenses Rate Mileage $0.625/mile Travel Expenses @ Cost Living Expenses @ Cost Reproduction Cost plus 20% Subconsultants Cost plus 20% Equipment Rental Cost plus 20% 3.Agreement Summary (Reference only)a. Original Agreement amount:$ 65,000.00 b. Net change for prior amendments: $_ ___ __$0 c. This amendment amount:$ 288,850.00 d. Adjusted Agreement amount:$ 353,850.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C, except as modified for Appendix 1 above. 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 _______________, 2024. Owner: Engineer: City of South Bend, Indiana Board of Public Works DLZ Indiana, LLC By: By: Title: Elizabeth A. Maradik, President Title: Joseph C. Zwierzy nski, P. E., COO By: Title: Joseph R. Molnar, Vice President By: Title: Jordan V. Gathers, Member By: Title: Gary A. Gilot, Member By: Title: Murray Miller, Member Attest: Title: Theresa Heffner, Clerk Date: Date: 2/16/2024 Engineer License or Firm's Certificate No. PE60020742 State of: Indiana Engineer: DLZ Indiana, LLC By: Title:Joseph C. Zwierzynski, P. E., COO February 27, 2024 February 27, 2024 Page 11 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 2211 East Jefferson Boulevard South Bend, Indiana 46615 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Sara Huss, PLA, CPESC Title: City Engineer Title: Project Manager Phone Number: (574) 235-5933 Phone Number: 574-245-1710 Facsimile Number: (574) 235-9171 Facsimile Number: N/A E-Mail Address: kboyles@southbendin.gov E-Mail Address: shuss@dlz.com LEGEND NEW ENTRY PLAZA GATEWAY NEW DUGOUTS, BLEACHERS & SHADE STRUCTURES RENOVATED CONCESSIONS/PRESS BOX/RESTROOM RENOVATED SOFTBALL FIELD NEW PARKING NEW SPLASH PAD PORTABLE ACCESSIBLE RESTROOM NEW MONUMENT SIGNAGE MILL AND OVERLAY EXISTING PARKING STORMWATER MANAGEMENT AREA 150 15 BULLPENS EXISTING TREES TO REMAIN25 MAYFLOWER ROADPARKWAY STREETMEADOW LANE LOMBARDY DRIVEBELLEVILLE DRIVE APPROX. PROPERTY LINE APPROX. PROPERTY LINEPHASE 1 SCHEMATIC PLAN 1 2 3 44 4 4 8 2 2 2 19 18 15 16 22 6 25 1 2 3 4 6 8 15 16 18 19 22 Exhibit 1 LEGEND NEW ENTRY PLAZA GATEWAY NEW DUGOUTS, BLEACHERS & SHADE STRUCTURES RENOVATED CONCESSIONS/PRESS BOX/RESTROOM RENOVATED SOFTBALL FIELD NEW SOFTBALL FIELD NEW PARKING NEW PLAYGROUND NEW SPLASH PAD PICNIC GROVE OPEN SPACE BASKETBALL PICNIC/TEAM GATHERING AREA PARK RESTROOM WALKING PATH LARGE BALL FIELD NEW MONUMENT SIGNAGE 17 18 EXISTING PARKING W/ NEW ISLANDS AND SIDEWALKS STOCKPILE/ SERVICE AREA 19 20 MAINTENANCE BUILDING 21 STORMWATER MANAGEMENT AREA NEW CONCESSION/ PRESS BOX/RESTROOM 250 30 72 160 BULLPENS NEW ST. CLAIR PARK SIGNAGE 24 UMPIRE FACILITIES 22 23 20 PHASE 1 IMPROVEMENTS PHASE 2 IMPROVEMENTS PHASE 3 IMPROVEMENTS MAYFLOWER ROADPARKWAY STREETMEADOW LANE LOMBARDY DRIVEBELLEVILLE DRIVE APPROX. PROPERTY LINE APPROX. PROPERTY LINE1 2 3 44 4 4 17 17 6 7 8 11 2 14 22 2 2 2 6 6 21 19 20 24 18 15 16 18 5 5 13 9 1210 16 16 16 6 2 4 16 23 22 6 10 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 7 Exhibit 1 APPROX. LIMITS OF SURVEY (PHASE 1 IMPROVEMENTS ONLY)N Exhibit 2 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 02/22/2024 Name: Patrick Sherman Department of Public Works – Engineering Division BPW Date: 02/27/2024 Phone Extension: 5601 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt Dept. Attorney Attorney Name Michael Schmidt 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 DLZ Indiana LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Byer’s Softball Complex Renovation Project Number 123-072 Funding Source PO# 27427 Account No. RW TIF Amount $288,850.00 Terms of Contract EJCDC Contract Special Contract Provisions N/A Purpose/Description Design Services for renovations at Byer’s Softball Complex. For Change Orders Only Amount of Increase Decrease ($ ) Previous Amount $ Current Percent of Change: Increase Decrease ( %) New Amount $ Total Percent of Change: Increase Decrease ( %) Time Extension Amount: New Completion Date: