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Home My WebLink AboutAmendment No 2 to OEA - Madison Lifestyle District Proj No. 123-076A – 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 June 25, 2024 Mr. Cash E. Canfield American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 ccanfield@structurepoint.com RE: Amendment No. 2 to Owner-Engineer Agreement Dear Mr. Canfield: At its June 25, 2024 meeting, the Board of Public Works approved the above referenced amendment for Madison Lifestyle District, Project No. 123-076A in the amount of $72,000 with a new adjusted total $473,510. 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 6 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 02/13, 2024. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 2 1.Background Data: a. Effective Date of Owner-Engineer Agreement: 02/13/2024 b. Owner: Board of Public Works, City of South Bend, Indiana c. Engineer: American Structurepoint, Inc. d. Project: South Bend Medical Foundation / New Parking / Madison Lifestyle Dist. 2.Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: 1) ADD geotechnical investigation for Madison Lifestyle District. 2) ADD topographic survey and private utility location for Madison Lifestyle District. 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: 1) Geotechnical Investigation: $19,230 2) Topographic Survey / Locates: $52,770 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: 5. Agreement Summary (Reference only) a. Original Agreement amount: $329,040 b. Net change for prior amendments: $72,470 c. This amendment amount: $72,000 d. Adjusted Agreement amount: $473,510 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. 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 06/25/2024. OWNER:ENGINEER: By:By: Title:Title: Date Signed: Date Signed: June 25, 2024 Proposed Madison Lifestyle District Development / South Bend, Indiana Atlas Proposal No. 24-05584 / May 20, 2024 ATLAS Technical Consultants LLC 7988 Centerpoint Drive Indianapolis, IN 46256 Phone +1 317 849 4990 www.oneatlas.com May 20, 2024 Mr. Robert S. Bray, AIA, NCARB, LEED AP BD+C Corporate/Commercial Practice Leader Senior Project Manager – Architecture & Interiors Group American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 RE: Preliminary Geotechnical Investigation Proposed Madison Lifestyle District Development West Madison Street and Main Street South Bend, Indiana Atlas Proposal No. 24-05584 Dear Mr. Bray: In accordance with your request, we have prepared this proposal for performing preliminary geotechnical investigation services at the referenced project site. Atlas previously performed a geotechnical investigation for new parking lots immediately northwest of this project site. BACKGROUND It is our understanding that project sites located both north and south of West Madison Street, east of Main Street and west of North Michigan Street, in South Bend, Indiana are being evaluated for future development. The proposed project site north of Madison Street is currently mostly a flat asphalt parking lot with landscaping that also includes a grass area in the southwest portion. The proposed project site south of Madison Street is currently a relatively flat asphalt parking lot with landscaping. At this time, it is understood that the development may consist of a parking garage as well as multi-story structures. There will also be new roadways, driveways and parking lots throughout the proposed development. SCOPE OF SERVICES The objectives of this preliminary geotechnical investigation are to assess the general subsurface conditions at the prescribed test boring locations, evaluate the subsurface conditions encountered in the test borings relative to the proposed development and provide preliminary opinions and recommendations relative to the design and construction of the soil related elements of the proposed project. The proposed subsurface exploration consists of drilling a total of 12 soil test borings, which includes 3 test borings to a depth of 40 ft and 9 test borings to a depth of 20 ft within the proposed project areas. Split-barrel samples (ASTM D1586) will be obtained at 2.5 ft intervals to a depth of 15 ft and at 5 ft intervals elsewhere. Ground water level observations will be made during drilling operations and after withdrawal of the augers from the borings. We will backfill the boreholes with the auger cuttings and plug the upper 1 ft with concrete. Proposed Madison Lifestyle District Development / South Bend, Indiana Atlas Proposal No. 24-05584 / May 20, 2024 A reconnaissance of the project site will be made by a representative from our staff and the boring locations will be established in the field at that time. Atlas will contact Indiana 811 to locate underground utilities that are owned by the member utility companies; however, it is assumed that the owner's representative will accurately mark in the field the locations of all underground utilities that are part of the owner’s physical plant (i.e., all underground utilities that are not part of the Indiana 811 locate service members). This proposal does not include fees for the repair of, or other fees associated with, damaged underground utilities that are not accurately marked in the field and Atlas will not be responsible for costs associated with damages to underground utilities that are not accurately marked in the field. It is our understanding that American Structurepoint, Inc. will have a private underground utility locate done as part of the survey for this project and the results of that locate will be provided to fully clear our test boring locations of underground utilities. It is assumed that all underground utilities will be accurately and completely located and that all underground utilities will be accurately surveyed and mapped. Laboratory tests will be performed as necessary to establish the significant characteristics and parameters of the subsurface soils encountered in the test borings. The laboratory testing program tentatively includes moisture content tests, Atterberg limits tests and gradation analyses tests on samples selected by the geotechnical engineer; however, the actual laboratory testing program will depend upon the specific subsurface conditions encountered in the test borings and the soil samples obtained. After completion of the field investigation and laboratory tests, a report will be prepared containing a summary of the findings of the subsurface investigation, our professional opinions regarding the subsurface conditions encountered in the test borings as they relate to the earth supported elements of the proposed development and preliminary findings and geotechnical recommendations to aid in evaluating the earth related aspects of the project. ASSUMPTIONS and EXCLUSIONS All test borings are readily accessible to a track-mounted ATV drill rig. No special methods or materials for backfilling the boreholes are required. The client will arrange for right-of-entry onto private properties. Field drilling and sampling will be completed by drillers that are signatory to Local 150 Operating Engineers. This proposal does not include costs for restitution for the unavoidable landscape disturbance or damage and Atlas will not be responsible for damage or disturbance of the landscaping. A topographic map of the site will be made available before completion of our study. Ground surface elevations at test boring locations will be estimated based upon the provided topographic map, otherwise, ground surface elevations will be estimated from a county GIS website or Google Earth. All auger cuttings that cannot be placed to backfill the boreholes will be distributed on-site. The scope of this investigation does not include characterization or containerization of the auger-cuttings and drilling fluids; or the off-site disposal of the auger cuttings, drillings fluids and/or containers. Proposed Madison Lifestyle District Development / South Bend, Indiana Atlas Proposal No. 24-05584 / May 20, 2024 The subsurface investigation outlined in this proposal assumes that there are no hazardous materials in the soil or in the ground water underlying the site and this study is not designed to detect or identify such materials. If it becomes apparent during the field investigation that hazardous materials may be present, field operations will be terminated. The investigation would be resumed only after renegotiation of the scope of services and fees to cover appropriate health and safety precautions and proper consideration of the new information. FEE We propose to perform the scope of services described herein for a lump sum of $19,230.00 unless unexpected subsurface conditions are encountered or the project characteristics are changed significantly. If any changes in the program are indicated by the initial findings, we will consult with you and, with your approval, make such changes as are considered necessary. In any case, the cost will not be exceeded without additional approval from you. Our lump sum fee covers the services needed to present our findings and recommendations in a report form. Not included are fees for the preparation or review of construction documents (e.g., plans and specifications), special conferences and any other work requested after submittal of our report. AUTHORIZATIONS Our professional services will be performed, our findings obtained and our recommendations prepared in accordance with customary principles and practices in the field of geotechnical engineering at the time and location where the services are performed. This warranty is in lieu of all other warranties either express or implied and no other warranties will be given. This proposal is based upon the assumption that it will be incorporated into a Task Order according to the Standard Form of Agreement between Engineer and Consultant for On-Call Professional Services between American Structurepoint, Inc. and Atlas Technical Consultants LLC dated August 27, 2021 and that this proposal will serve to define the scope of services and fees for the Task Order. Respectfully submitted, ATLAS TECHNICAL CONSULTANTS LLC David McIlwaine, P.E. Daniel Homm, P.E. Senior Project Engineer Senior Project Engineer Topographic Survey & Private Utility Locate Services Scope I. Private Utility Locate American Structurepoint will partner with a Subconsultant for private utility locating services, including the following: A. Subconsultant will horizontally designate existing utilities consisting of gas, water electric, communication, ﬁber optic, cable television, force main and lighting located within the project area. B. Subconsultant will utilize surface geophysical methods to interpret the presence of subsurface utilities and use electromagnetic equipment to detect and designate the selected subsurface utilities. Using the aforementioned technology, Subconsultant will provide plant markings or ﬂags to show the approximate horizontal position of the desired utilities. Limits: BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 06/17/2024 Name Zach Hurst Department DPW BPW Date 06/25/2024 Phone Extension 3057 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 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 New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Madison Lifestyle District Project Number 123-076A Funding Source River West DA TIF Account No. PO-0029313 Amount This Change: $72,000; Revised Amount: $473,510 Terms of Contract Purpose/Description This amendment adds in geotechnical investigation, topographic survey and private utility location for the Madison Lifestyle District 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: