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HomeMy WebLinkAboutAmendment No 8 to OEA - Seitz Park Reno Proj No. 117-093 – SmithGroup Inc.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 July 9, 2024 Ms. Emily S. McKinnon, PE SmithGroup Inc. 201 Depot St., Second Floor Ann Arbor, MI 48104 emily.mckinnon&smithgroup. com RE: Amendment No. 8 to Owner -Engineer Agreement Dear Ms. McKinnon: At its July 9, 2024 meeting, the Board of Public Works approved the above referenced amendment for additional design services for the Seitz Park Renovation, including Gintz Dr. and Stephenson Mills Parking Lot, Project No. 117-093 in the amount of $53,949 with a new adjusted total amount of $1,344,405. 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou 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 12, 2017. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. _8 1. Background Data: a. Effective Date of Owner -Engineer Agreement: Dec 12, 2017 b. Owner: Board of Public Works. Citv of South Bend. Indiana C. Engineer: SmithGroup Inc. (Formerly SmithGroupJJR Inc.) d. Project: Seitz Park Reconstruction, South Bend Project No. 117-093 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: 1) The scope of services is for extending construction phase services for Phase I scope of work based on anticipated contractor completion date October 1, 2024. We propose to extend our services through December 31, 2024 related to Gintz Drive construction period. 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) Task 4 Modifications (Phase I): a) The SmithGroup Team will continue to review submittals/RFIs and attend OAC meetings as well as internal owner meetings. Construction site visits are anticipated to happen approximately one time per month. b) The SmithGroup Team participated in numerous additional coordination calls beyond typical progress meetings and prepared revised drawings for Owner requested design changes (noted above) that were issued as bulletins or RFI/submittal responses to the construction contract documents. c. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation on an hourly not -to - exceed basis: 1) SUBTOTAL: Task 4: Implementation — fifty-six thousand and four hundred fifty dollars ($56,450.00) for additional labor and expenses. 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. 2) CREDIT: Shive-Hattery is providing a $2,501 credit to cover the additional construction costs related to the additional trim work in the pavilion building. This amount will be deducted from the total additional services fee. 3) TOTAL: Task 4: Implementation — fifty-three thousand and nine hundred forty-nine dollars ($53,949.00) for labor and expenses. d. The schedule for rendering services is modified as follows: 1) Extends Phase 1 completion date to December 31, 2024. 5. Agreement Summary (Reference only) a. Original Agreement amount: $ 186,400 b. Net change for prior amendments: $ 1,290,456 c. This amendment amount (hourly): $ 53,949 d. Adjusted Agreement amount: $ 1,344,405 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 July 9 , 2024. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS taL4 Elizabeth A. Maradik, President 0 a pt Gary A. Gilot, Member Murray L. Miller, Member ENGINEE 2 yyy�� Joseph R. Molnar, Vice President By: Emily S McKinnon, PE Breana N^.M� icpou�, Member Title: Vice President Jauno.JhM'/4�3 0 Date Signed: June 28, 2024 Attest: Laura D. Hensley, Acting Clerk Date: July 9, 2024 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. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 07/03/2023 Name Patrick Sherman Department Public Works BPW Date 07/09/2023 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ® Mickey Lovy Check the Appropriate Item I Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. I-1 Other: Michael Schmidt ® Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ❑ Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution Ease./Encroach Company or Vendor Name SmithGroup JJR ❑ Yes[:] If Yes, Approved by Purchasing New Vendor ® No Yes MBE MBE/WBE Contractor Completed E-Verify Form Attached ❑ ❑ No Project Name Seitz Park Renovation Project Number PROJ00000079 Funding Source PO-0006606 Account No. 436-10-102-121-444000--PROJ00000079 Amount $53,949.00 Terms of Contract EJCDC Amendment #8 Purpose/Description Amendment to contract for additional design services at Seitz Park including around Gintz Dr and the Stephenson Mills Parking lot. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Increase % Decrease ( % Increase % Total Percent of Change: Decrease % Time Extension Amount: New Completion Date: