HomeMy WebLinkAboutAmendment No 3 to OEA - WWTP CSO Storage Tank Proj No. 121-071 – American Structurepoint, Inc.
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
March 26, 2024
Mr. Steven J. Davidson
American Structurepoint, Inc.
9025 River Road, Suite 200
Indianapolis, IN 46240
sdavidson@structurepoint.com
RE: Amendment No. 3 to Owner-Engineer Agreement
Dear Mr. Davidson:
At its March 26, 2024 meeting, the Board of Public Works approved the above
referenced amendment for additional design services for the LTCP for the Wastewater
Treatment Plant CSO Storage Tank, Project No. 121-071 in the amount of $1,003,600 with a
new adjusted total of $3,419,123.
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 of 1
2020.01456
AMENDMENT NO. 3 TO OWNER-ENGINEER AGREEMENT
1.Background Data:
a.Effective Date of Owner-Engineer Agreement: 10/26/21, 6/14/21 and 1/29/23
b.Owner:Board of Public Works, City of South Bend, Indiana
c.Engineer: American Structurepoint, Inc.
d.Project: WWTP CSO 045 Equalization Basin
2.Nature of Amendment
X Additional Services to be performed by Engineer
X Modifications to Payment to Engineer
3.Description of Modifications
Attachment 1, “Modifications”
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 date of latest required signature.
OWNER: ENGINEER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS AMERICAN STRUCTUREPOINT INC.
By: ____________________________
Title: ____________________________
Date Signed:_________________________
DocuSign Envelope ID: 82FD47A1-B60F-4AA4-B32C-7DA1FD4E06C3
3/12/2024
Steven J. Davidson
Executive Vice President
March 26, 2024
Page 1
(Exhibit A-1 – Additional Services to be performed by Engineer)
This is Attachment 1, consisting of six pages, to
Amendment No. 3.
Modifications
1. Amendment No. 3, as set forth below, contemplates additional services to be performed by Engineer
and the respective fee. The total compensation due to Engineer under the Agreement, Amendment
No. 1, Amendment No. 2, and Amendment No. 3 is $3,419,123.00, an increase of $1,003,600.00.
2. Exhibit A-1, Engineer’s Services, contemplating additional services to be performed by Engineer,
is included in the Agreement, as follows:
This is EXHIBIT A-1, Additional Services to be
performed by Engineer, consisting of four pages, referred
to in and part of the Agreement between Owner and
Engineer for Professional Services dated as of the last
required signature.
Engineer’s Services
Article 1 of the Agreement is supplemented to include the following agreement of the parties:
Engineer shall provide the Additional Basic Services and Additional Services as set forth below.
PART 1 – BASIC SERVICES
Record Drawings
CSO 045 EQ Basin at the WWTP
ADDITIONAL SERVICES by ENGINEER
The City of South Bend (Owner) entered into a Guaranteed Savings Contract (GSC) with
Contractor to construct the CSO 045 EQ Basin project at Owner’s Wastewater Treatment Plant
(WWTP). Contractor and Engineer proposed value engineering concepts to decrease the project
cost, which significantly impacts the Contract Drawings. Engineer must modify the Contract
Drawings along with all other Drawings to reflect the as-built conditions after construction has
concluded.
PART 1 – BASIC SERVICES
1.1. Preparation of record drawings
A. The proposed work is outlined as follows:
1.1 Collect annotated record drawings from Contractor that contain as-built
information.
DocuSign Envelope ID: 82FD47A1-B60F-4AA4-B32C-7DA1FD4E06C3
Page 2
(Exhibit A-1 – Additional Services to be performed by Engineer)
1.2 Modify Contract Drawings to reflect information contained in Contractor’s
annotated record drawings.
1.3 Provide draft record drawings for Owner’s review.
1.4 Revise record drawings in response to Owner’s comments.
1.5 Engineer’s services under the Post-Construction Phase will be considered
complete on the date when Owner accepts the record drawings.
B. Assumptions:
1. The Contractor will provide the relevant information outlined above in a timely
manner.
C. Deliverables:
1. Three hard copies and one electronic copy of the record plans.
D. Schedule
The proposed Work will be completed within 75 days after receiving the annotated record drawings
from Contractor. A breakdown of the preliminary schedule is as follow:
Draft record plans to Owner for review 50 days after receiving annotated drawings
Owner review 10 days
Final record plans to Owner 15 days after receiving Owner’s comments
1.2. Additional construction administration.
A. The proposed work is outlined as follows:
1.1 Conduct additional contractor coordination meetings.
1.2 Cost adjustment for hourly billing rate increases.
PART 2 – ADDITIONAL SERVICES
Value Engineering
CSO 045 EQ Basin at the WWTP
ADDITIONAL SERVICES by ENGINEER
The City of South Bend (Owner) entered into a Guaranteed Savings Contract (GSC) with
Contractor to construct the CSO 045 EQ Basin project at Owner’s Wastewater Treatment Plant
(WWTP). Contractor and Engineer proposed value engineering concepts to decrease the project
cost. Owner accepted the following value engineering concepts:
1. Lift station to be moved adjacent to proposed diversion structure
DocuSign Envelope ID: 82FD47A1-B60F-4AA4-B32C-7DA1FD4E06C3
Page 3
(Exhibit A-1 – Additional Services to be performed by Engineer)
2. Proposed diversion structure to be modified
3. Existing diversion structure to be retained, rehabilitated, and improved
4. Bypass sewer system to be modified
See Attachment 1 for Contractor’s GMAX Proposal letter, Exhibit A, Item 3 regarding Items 1.
through 4. above.
Engineer must modify the Contract Documents and permit applications to incorporate the above
concepts for Contractor to proceed with the related portions of the Project construction.
PART 2 – ADDITIONAL SERVICES
Value Engineering
A. Engineer’s proposed work is outlined as follows:
1.1 For the above Owner-accepted value engineering concepts, conduct additional
design and prepare the following revised final Drawings indicating the scope,
extent, and character of the Work to be performed and furnished by Contractor as
necessary for Contractor to execute the construction phase of the Guaranteed
Savings Contract.
a) Title Sheet
b) Index and General Information
c) Site Plan
d) Site Construction Details
e) Proposed Utility Plan
f) Proposed Grading Plans (Site and Spot Elevations)
g) Sanitary Sewer Plan and Profile Drawings
h) Existing CSO 045 Diversion Structure Improvements
i) Combined Diversion Structure and Lift Station Plan and Sections
j) Control Building Plan and Section
k) Structural Plans
l) Architectural Plans
m) Electrical Plans
n) Instrumentation and Control Plans
1.2 Evaluate the condition of the existing CSO 045 diversion structure as follows.
a) Contractor to supply scaffolding and confined space equipment. Engineer
to conduct a pre-investigation meeting with Contractor to develop access
plan plus confined space permit/safety plan and required formwork.
DocuSign Envelope ID: 82FD47A1-B60F-4AA4-B32C-7DA1FD4E06C3
Page 4
(Exhibit A-1 – Additional Services to be performed by Engineer)
Contractor to lead confined space entry process and provide safe access to
the structure for Engineer’s evaluation.
b) Engineer to evaluate only those portions of the structure that are dewatered
and exposed by Contractor. One day is provided for this inspection.
Subsequent visits to evaluate portions of the structure dewatered at a later
date will be considered additional services.
c) Engineer to prepare a report summarizing the results of the field
investigation. Subsequent structural design for structure rehabilitation once
the extents of rehabilitation are determined will be considered additional
services.
1.3 Conduct two review meetings with Owner and Contractor.
1.4 Provide technical criteria, written descriptions, and design data for Owner’s use
in filing applications for permit modifications 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 for the following:
a) IDEM Sanitary Sewer Construction Permit – permit modification
b) IDNR Construction in a Floodway – permit modification
1.5 Engineer’s services under the Value Engineering Phase will be considered
complete on the date when Owner and Contractor consider Value Engineering
Phase documents sufficiently complete to proceed with construction of the related
components and the permits in Paragraph A.1.4 have been issued to Owner.
E. Assumptions:
1. The Owner will provide the relevant information outlined above in a timely manner.
F. Deliverables:
1. Three hard copies and one electronic copy of the revised Value Engineering Phase
documents.
G. Schedule
The proposed Work will be completed within 120 days after receiving the Notice to Proceed (NTP)
from Owner. A breakdown of the preliminary schedule is as follow:
50% review meeting 45 days after NTP
75% complete documents submittal 75 days after 50% review meeting
DocuSign Envelope ID: 82FD47A1-B60F-4AA4-B32C-7DA1FD4E06C3
Page 1
(Exhibit C-1 – Compensation for Additional Services to be performed by Engineer)
3. Exhibit C-1, Compensation to Engineer for Additional Services and Reimbursable Expenses is
included in the Agreement, as follows:
This is EXHIBIT C-1, Compensation for Additional
Services to be performed by Engineer, consisting of two
pages, referred to in and part of the Agreement between
Owner and Engineer for Professional Services dated as of
the last required signature.
Payments to Engineer for Additional Services and Reimbursable Expenses
COMPENSATION PACKET BC-1: Additional Basic Services – Lump Sum
Article 2 of the Agreement is supplemented to include the following agreement of the parties:
ARTICLE 2 – OWNER’S RESPONSIBILITIES
C-1.2.01 Compensation for Additional Services described in Exhibit A-1 – Lump Sum Method
of Payment
A. Owner shall pay Engineer for Basic Services and Additional Services set forth in Exhibit A-
1 as follows:
1. A Lump Sum amount of $2,354,023.00 $3,419,123.00 based on the following
estimated distribution of compensation:
a. Study and Report Phase $265,235.00
b. Preliminary Design Phase $1,114,384.50
c. Final Design Phase $686,880.50
d. Value Engineering Phase $298,000
e. Bidding and Negotiating Phase $49,540.00
f. Construction Phase (admin) $299,483.00 $418,283.00
g. Construction Phase (RPR) $459,500.00
h. Post-Construction Phase TBD $127,300.00
2. The Lump Sum includes compensation for Engineer’s services and services of
Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the
Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses.
3. The portion of the Lump Sum amount billed for Engineer’s services will be based
upon Engineer’s estimate of the percentage of the total services actually completed
during the billing period.
DocuSign Envelope ID: 82FD47A1-B60F-4AA4-B32C-7DA1FD4E06C3
Page 2
(Exhibit C-1 – Compensation for Additional Services to be performed by Engineer)
B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 and
modified by Exhibit C-1 is conditioned on a period of service not exceeding the schedule
set forth in the Agreement, and respective Amendments No. 1, No. 2 and No. 3. If such
period of service is extended, the compensation amount for Engineer's services shall be
appropriately adjusted.
1. Professional services hourly billing rates, mileage rates, and consumables costs are
subject to annual adjustment on January 1st of every calendar year during the duration
of the project. Cost adjustments will be handled through approved Amendments to
the Contract.
DocuSign Envelope ID: 82FD47A1-B60F-4AA4-B32C-7DA1FD4E06C3
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 3/19/2024
Name: Kieran Fahey Department of Public Works – Engineering Division
BPW Date: 3/26/2024 Phone Extension:
Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt
Dept. Attorney Attorney Name
Purchasing
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 LTCP Wastewater treatment plant storage tank
Project Number 121-071
Funding Source LTCP Engineering
Account No. To be paid from SRF funds, not held in City accounts- Bank of NY
Amount $1,003,600 (project total is now $3,419,123.00, but is not a change order)
Terms of Contract Design of CSO storage tank
Special Contract Provisions
Purpose/Description For post construction phase, Construction inspection, Value engineering
phase, and construction phase administration
For Change Orders Only
Amount of
Increase
Decrease
$ This is not a change order
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
( %)
New Amount
$
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount: 0
New Completion Date: 0